Yatin Oza Objects To New 'Undertaking' Rule For Gujarat High Court Senior Designation In Letter To GHCAA

Oza has taken exception to Rule 5 ('Undertaking') of the 2025 rules, which requires a designated senior advocate to submit a written undertaking stating that he/she will not draft pleadings, directly advise litigants, file vakalatnamas, accept briefs from the clients or even seek adjournments.

In his letter dated September 19, Oza urged Trivedi to take up the matter with the Chief Justice and called for the deletion of the 'undertaking' rule.

According to Oza, the requirement of furnishing an undertaking "compromises the dignity and self-respect of senior advocates", since, he contends, the obligations listed are already implicit in the very concept of senior designation.

"It goes without saying that in absence of an undertaking also, if what is sought to be achieved by an undertaking is not adhered to, then necessary consequences can follow", Oza argues.

He adds that instead of compelling a signed undertaking, the objectives could simply be incorporated within the rules as norms.

Oza further pointed out that neither the Supreme Court's guidelines on the designation of seniors nor the Bombay High Court Rules require such an undertaking. In Bombay, he notes, similar provisions are described as 'norms and guidelines' and not as binding undertakings.

He has also called the Gujarat rule to be 'belittling and derogatory to the stature of the Bar Association as a whole'. Thus, he has requested the GHCAA President to act as a representative voice of the Bar and seek the removal of the clause.