Supreme Court Issues Orders on Recording of Advocates' Appearances

In a significant development, the Supreme Court of India has passed fresh orders regarding the recording of advocates' appearances in legal proceedings. The Court emphasized strict adherence to the Supreme Court Rules 2013 and clarified that only those advocates who are physically present and actively involved in the case will have their appearances recorded.

Key Directives on Appearance Recording

The Supreme Court's ruling, passed by a bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma, focuses on ensuring transparency and accuracy in recording the appearances of advocates. The Court observed that the existing practice of recording multiple appearances, often without verification, led to confusion. As a result, the following key directives were issued:

1. Only Active Advocates to Be Recorded
   The Court stated that only Senior Advocates, Advocates-on-Record (AoRs), and Advocates who are physically present and actively arguing the case in Court will have their appearances recorded. In addition, one assisting advocate or AoR for the arguing party may also be included in the record.
   
   
2. Strict Adherence to Form 30
   The ruling reiterated that appearances must strictly comply with the Supreme Court Rules 2013, as detailed in Form 30. This form governs the submission and recording of appearances in the Court and permits only the names of advocates physically present during hearings to be recorded.
   

Revised Guidelines for Vakalatnama and Appearance Slip

The Court also provided clarity on the process for Vakalatnama execution and the appearance slip submission:

1. Vakalatnama Execution Certification
   If a Vakalatnama is executed in the presence of an AoR, the AoR is required to certify the execution. If the AoR merely accepts a Vakalatnama that was already executed by a notary or other advocate, they must ensure that they have verified the execution and endorse accordingly.
   
   
2. Submission of Appearance Slip
   The AoR is mandated to submit the details of appearances using the prescribed Form 30 via a link provided on the Supreme Court website. This ensures transparency and a proper record of appearances.
   
   
3. Court Masters’ Role in Recording Appearances
   The Court emphasized that Court Masters are responsible for ensuring that only those advocates physically present and arguing the case are recorded in the proceedings. If there is any change in the advocates authorized to appear, the AoR must submit a fresh appearance slip.
   

Clarification on Senior Advocates' Appearances

Another important point made by the Court is that Senior Advocates cannot appear in the Supreme Court without an AoR. This rule aims to ensure that all appearances are authorized and properly documented, maintaining the integrity of the Court's records.

Rejection of Objections from SCBA and SCAORA

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) had filed a joint application seeking clarifications on the earlier directions passed in September 2024. They argued that the recording of only those advocates who are physically present and arguing might result in unfairness towards those who assist with drafting petitions or conducting research.

However, the Court rejected these objections, stating that the Supreme Court Rules have statutory force and must be strictly adhered to. The Court emphasized that the practice and procedure in the Supreme Court must follow the prescribed rules, ensuring accountability and accuracy.

Impact on Legal Practice

This new order is expected to significantly impact the practice of law in the Supreme Court, especially concerning the eligibility of advocates for chamber allotments, elections, and other administrative matters. The SCBA and SCAORA's concerns regarding the impact of the new rules on advocates' professional recognition were noted but not addressed in favor of adhering to the statutory rules. In conclusion, the Supreme Court has reiterated the importance of transparency, responsibility, and adherence to the established Supreme Court Rules 2013 in the recording of advocates' appearances. The directive aims to curb the practice of recording numerous appearances, many of whom may not be physically present or authorized to represent a party, thus ensuring that the proceedings remain efficient and accountable. This ruling aligns with the Court's broader efforts to maintain the integrity of its processes and safeguard against the misuse of legal procedures.