The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) have approached the Supreme Court with a request. They seek a direction to ensure that the names of all lawyers present and appearing in a case are officially recorded. This move aims to give due recognition to all advocates contributing to cases. The matter is now before the top court for consideration.
New Delhi: The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates on Record Association (SCAORA) have jointly submitted a Writ Petition to the Supreme Court, seeking the right for all Advocates involved in a specific case to mark their appearance through their Advocate-on-Record, in accordance with the Supreme Court Rules of 2013.
The petition was filed today by Advocate-on-Record Astha Sharma and prepared by Senior Advocates Kapil Sibal, Atmaram Nadkarni, Rachana Srivastava, and Gagan Gupta.
The petition states that the initiative was prompted by various court benches issuing orders that regulate the practice for marking appearances, which has resulted in a lack of consistency and has deprived Advocates practicing before the Supreme Court of proper recognition in the court orders.
It references a judgment delivered by a bench led by Justice Bela Trivedi in September 2024 in the case of Bhagwan Singh v. State of U.P. & Ors., which asserted that,
“Advocates on Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing.”
The petition argues that this ruling contradicts established court practices and violates the administrative guidelines.
The petition further notes that this restriction on marking appearances negatively impacts the careers of all members of the petitioner associations. It states that such limitations not only deprive members of necessary fees but also hinder their future opportunities, as appearances are often used for chamber allotment, senior designations, government Appointments, and securing voting rights within the associations.
The petitioners emphasize that the judgment was made without consulting the Advocates collectively or the associations in their representative capacity. They contend that the ruling is not reflective of the rights granted to Advocates under the Advocates Act of 1961, which allows them to practice in any court, including the Supreme Court.
The petition highlights that an Advocate’s role extends beyond making submissions in court, involving tasks such as legal research, client communication, brief preparation, and drafting pleadings.
Therefore, the lack of recognition for Junior Advocates could significantly affect their professional development and opportunities for advancement, including voting rights and the potential to be designated as Senior Advocates.
The Associations seek the following relief from the Supreme Court:
- A declaration that the appearances of all Senior Advocates, Advocates-on-Record, and Advocates should be recorded in the proceedings of a case when they are present, as submitted by the Advocate-on-Record in the prescribed format according to Supreme Court Rules, 2013.
- A directive for the Respondent to issue uniform guidelines for adopting this practice direction across all benches of the Supreme Court.
Cause Title: The Supreme Court Bar Association & Anr. v. The Supreme Court of India