The Department of Legal Affairs, Ministry of Law and Justice, has issued new guidelines for the empanelment of advocates as Panel Counsel representing the Union of India before the Supreme Court, High Courts, subordinate courts, tribunals and other forums.
Issued on August 20, 2026, the Office Memorandum provides that advocates will generally be empanelled for a period of three years, subject to the prescribed eligibility criteria and performance review.
Key eligibility criteria
Under the guidelines, an applicant must hold a Bachelor’s degree in law from a university or college recognised by the Bar Council of India, be enrolled with the respective State Bar Council under the Advocates Act, 1961, and have qualified the All-India Bar Examination (AIBE) and obtained a Certificate of Practice.
Eligibility will also depend on the advocate’s experience of legal practice as specified in Annexure-I. The Department will consider the nature, complexity and category of cases handled, the level of responsibility undertaken and the advocate’s ability to conduct high-stakes matters. Advocates experienced in specialised laws, including Income Tax, Customs, GST and PMLA, may be considered for specialised panels.
The guidelines further provide that advocates with 10 years of previous legal work experience in Government service may be considered for empanelment based on their area of expertise. An advocate’s overall performance, track record, conduct and integrity will also be taken into account.
Application and scrutiny
Applications are required to be submitted in the prescribed format under Annexure-II and may be sent by email to the Department of Legal Affairs. Applications will be scrutinised for compliance with eligibility requirements, completeness, authenticity of documents and suitability of the applicant. Applications that are incomplete, improperly formatted or fail to satisfy the eligibility criteria may be summarily rejected.
Applicants must provide details of the court or tribunal for which empanelment is sought, educational and professional credentials, Bar Council enrolment details and relevant certificates. They must also disclose previous empanelment orders, where applicable, submit an undertaking to comply with the Department’s terms and conditions, and declare that they have not been convicted of a criminal offence or disqualified, debarred or prohibited from practice.
Three-year tenure with annual performance review
The tenure of empanelment will ordinarily be three years or until further orders, whichever is earlier. The performance of empanelled advocates will be reviewed annually.
The guidelines also provide that professional fees will be payable to Panel Counsel for litigation assigned to them, in accordance with the fee schedule approved by the Department of Legal Affairs.
Grounds for de-empanelment
An advocate may be de-empanelled by the Central Government for acting contrary to instructions, failing to return briefs, misappropriation of court fees or costs, contempt of court, professional misconduct or conviction by a court of law.
An empanelled advocate may resign by giving at least one month’s prior written notice. On resignation, expiry, termination or non-renewal, the advocate must return original case files, records, documents, briefs and other property belonging to the concerned Ministry, Department or organisation, and ensure an orderly handover of pending matters within the stipulated period.
Restrictions and professional obligations
The guidelines prohibit an empanelled advocate from assigning, transferring or delegating a case or brief entrusted to them to another advocate without prior written approval of the competent authority.
Panel Counsel are also required to maintain strict confidentiality regarding information, records, documents and matters relating to the Government and comply with all instructions, guidelines and directions issued by the Department of Legal Affairs.
Importantly, empanelment does not guarantee a minimum number of cases or assignments. Allocation of cases and legal matters remains entirely at the discretion of the Department. The guidelines further state that advocates accepting empanelment will be bound by the prescribed terms and any amendments or additional conditions subsequently imposed by the Central Government.
The guidelines take effect from the date of issuance. Existing empanelments notified by the Department of Legal Affairs will continue to remain valid until completion of their respective tenure.