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Criminal · Reportable judgment

Supreme Court Bar Association & Anr. vs State of Uttar Pradesh & Ors.

Court
Supreme Court of India
Date
19 March 2025
Case No.
CRIMINAL APPEAL No. 3883-3884/2024
Result
Disposed
Bench
Bela M. Trivedi, Satish Chandra Sharma
Citation
[2025] 3 S.C.R. 821 : 2025 INSC 364
Acts & Sections
Constitution Supreme Court Rules, 2013 Bar Council of India Rules Advocates Act, 1961
Supreme Court Reports [2025] 3 S.C.R. 821 : 2025 INSC 364
Issue for consideration
The present Miscellaneous Applications have been filed seeking intervention in the matter and seeking clarification/ modification of the directions contained in Para 42 of the Judgment and Order dated 20.09.2024 in Criminal Appeal No. 3883-3884 of 2024. The two questions arise before the Court: (i) whether the Advocates have an indefeasible right to appear for a party or to get their appearances marked for a party, though not duly authorised to appear in the court proceedings and (ii) whether the impugned directions given by the court impinge or affect any of the legal, fundamental or statutory rights of the Advocates.
Headnote

Constitution of India – Art. 145 – Supreme Court Rules, 2013 – Bar Council of India Rules – Advocates Act, 1961 – The Supreme Court Rules, 2013 as amended by Rules, 2019 having the statutory force, have to be adhered to and complied with by all the officers of the Court as also the Advocates practicing in the Supreme Court – For regulating the Practice and Procedure of the Supreme Court, the following directions issued:

Held: (i) Where the Vakalatnama is executed in the presence of the Advocate-on-Record, he shall certify that it was executed in his presence; (ii) Where the Advocate-on-Record merely accepts the Vakalatnama which is already duly executed in the presence of a Notary or an Advocate, he shall make an endorsement thereon that he has satisfied himself about the due execution of the Vakalatnama;

(iii) The Advocate on record shall furnish the details as required by the Appearance Slip prescribed in Form No.30 through the link provided on the website as mentioned in the Notice dated 30.12.2022 issued by the Supreme Court; (iv) The respective Court Masters shall ensure to record appearances in the Record of Proceedings only of Senior Advocate/AOR/Advocate who are physically present and arguing in the Court at the time of hearing of the matter, and one Advocate/AOR each for assistance in Court to such arguing Senior Advocate/AOR/Advocate, as the case may be, as required in the Note mentioned at the foot of the said Form No.30; and (v) If there is any change in the authorisation of the AOR or of the Senior Advocate or Arguing Advocate by the concerned party, after the submission of the Appearance Slip prescribed in Form No.30, it shall be duty of the concerned AOR to submit an Appearance Slip afresh to the concerned Court Master informing him about such change, and the concerned Court Master shall record appearances of such Advocates accordingly in the Record of Proceedings; (vi) A Senior Advocate shall not appear without an AOR in the Supreme Court. [Para 24]

Constitution of India – Art. 145 – Supreme Court Rules, 2013 – Bar Council of India Rules – Advocates Act, 1961 – Right of Advocates – Apperances before the Court:

Read the full headnote (9 more paragraphs)

Held: 1. Though an Advocate whose name is entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 is entitled to appear before the Supreme Court, his appearance would be subject to the said Rules of 2013 framed by the Supreme Court – The proviso to Rule 1(a) of Order IV of 2013 Rules restricts an Advocate from addressing the Court for the purpose of any effective hearing, if his name has been entered on the roll of any State Bar Council for less than 1 year – Of course, he is entitled to mention the matter in the Court for limited purpose of asking time, date, adjournment and similar such orders – As per Rule 1(b), no Advocate other than the Advocate-on-Record for a party can appear, plead and address the Court in a matter unless he is instructed by the Advocate-on-Record or permitted by the Court. [Para 13]

2. Rule 20 thereof states that no Advocate-on-Record shall authorise any person whatsoever except another Advocate-on-Record, to act for him in any case – Rule 2(b) mandates that a Senior Advocate shall not appear without an Advocate-on-record in the Supreme Court and shall not appear without a junior in any other court in India – Thus, as per the said Rule so far as Supreme Court is concerned, a Senior Advocate can not appear without the Advocate on Record appearing on behalf of a party. [Para 14]

3. Every Vakalatnama has to be executed by the party in presence of the Advocate-on-Record or in presence of a Notary or an Advocate, for being sent to the Advocate-on-Record – If the Vakalatnama was not executed in his presence, the Advocate-on-Record has to make an endorsement on the Vakalatnama that he has satisfied himself about the due execution of the Vakalatnama. [Para 15]

4. A right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability – Rights and duties are two sides of the same coin, and they are inherently connected with each other. [Para 18]

Constitution of India – Art.145 – Supreme Court Rules, 2013 – Bar Council of India Rules – Advocates Act, 1961 – It is submitted on behalf of the Applicants Associations that it has been the practice in the Supreme Court to get appearances of all counsels marked, who are present in the court for a particular case, and contributed or assisted the arguing counsel – Correctness:

Held: It is difficult to accept the submission made on behalf of the Applicants Associations that it has been the practice in the Supreme Court to get appearances of all counsels marked, who are present in the court for a particular case, and contributed or assisted the arguing counsel – It hardly needs to be stated that no practice could be permitted to overrule the Statutory Rules, particularly when the Rules are framed by the Supreme Court in exercise of the powers conferred under Article 145 of the Constitution – The said Rules having a statutory force have to be strictly adhered to and followed by all concerned, that is, by the officers of the Court including the Court Masters as also the Advocates – There has to be effective participation or assistance by the concerned Advocate assisting the Arguing advocate in the case, when the matter is being conducted in the Court – Casual, formal or ineffective presence in the Court along with the AOR or arguing Advocate, without due authorisation by the party concerned, cannot entitle the Advocate to insist the Court Master to record his or her appearance in the Record of Proceedings. [Para 21]

Advocates Act, 1961 – ss.16, 30, 35, 36, 49 – Discussed: Held: The Advocates Act, 1961 has been enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and All India Bar – Section 16 thereof states that there shall be two classes of Advocates, namely, Senior Advocates and other Advocates – Section 30 thereof, inter alia, provides that subject to the provisions of the said Act, every Advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which the said Act extends, in all courts including the Supreme Court – Chapter V of the said Act pertains to the conduct of the Advocates, and Section

35 and 36 empower the State Bar Council and the Bar Council of India to take disciplinary actions and punish the Advocate who has been found guilty of professional and other misconduct – Section

49 thereof empowers the Bar Council of India to make rules for discharging its functions under the said Act and in particular for the matters prescribed therein. [Para 8]

Keywords: Supreme Court Bar Association (SCBA) · Supreme Court Advocateson-Record Association (SCAORA) · Clarification/ modification of the directions · Advocates-on-Record appearance before the Court · Advocates appearance before the Court · Vakalatnama · Form-30 prescribed in the Fourth Schedule of Supreme Court Rules, 2013 · Appearance Slip · Marking the appearances of the Advocates before the Court · Right of advocate to appear · Fundamental or statutory rights of the Advocates

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Bela M. Trivedi, J. 1. The Miscellaneous Applications have been filed jointly by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocateson-Record Association (SCAORA) seeking intervention in the matter and seeking clarification/ modification of the directions contained in Para 42 of the Judgment and Order dated 20.09.2024 in Criminal Appeal No. 3883-3884 of 2024. The said Para 42 reads as under: “42. In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates-onRe
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