The Supreme Court on 19.03.2025 specified the marking of appearances of advocates in the record of proceedings of the Supreme Court of India.
This issue has been hanging fire for a long time because the voting rights in SCBA as well as the allotment of chambers in the Supreme Court is dependent upon the number of appearances in the Supreme Court as a lead advocate or as an assisting advocate.
The Supreme Court specified that the right to appear is coupled with duty.Lawyers are fiduciaries.The goal is decided by the client whereas the path to the goal is decided by the lawyer.Ineffective communication with the client leads to ineffective assitance of counsel.
The practice in the Supreme Court is governed by the Supreme Court Rules, 2013 as amended in 2019.No practice can be permitted to overrule statutory rules since the rules are framed under article 145 of the Constitution.Thus strict adherence to the rules is required.
As per rules, the appearance has to be given by the AOR.The AOR needs to give the appearance of the Arguing Counsel/AOR/Sr.Advocate, the AOR and the assisting advocate.
MISCELLANEOUS APPLICATION NOS. 3-4 OF 2025
IN
CRIMINAL APPEAL NO. 3883-3884 OF 2024
SUPREME COURT BAR ASSOCIATION& ANR. …. PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. …. RESPONDENT(S)
Decided on 19.03.2025