Kiran Raj

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) have jointly filed a writ petition in the Supreme Court under Article 32 of the Constitution. The petition challenges a direction issued in the case of Bhagwan Singh v. State of Uttar Pradesh, which restricted the marking of appearances in court orders to advocates authorized to argue a case on the specific hearing date. The associations argue that the direction contravenes established practices and undermines the contributions of other advocates involved in case preparation and representation.

The petitioners contend that the Supreme Court’s direction deviates from the longstanding practice of marking the appearances of all advocates contributing to a case. According to the associations, the role of an advocate extends beyond making oral submissions before the court. The petition states: “The role of the Advocate is not limited to making submissions, more so when she is appearing before the highest constitutional Court of the land, but may extend to research of relevant case laws, securing appropriate instructions from the client, preparing the brief for the Senior Advocate, making written submissions for the Hon'ble Court, drafting the pleadings, filing of the case before the Hon'ble Court, and much more.”

It is a general practice, as highlighted by the petition, for Advocates-on-Record to include in appearances the names of advocates who assist in drafting, briefing, or representing clients in lower courts. This practice acknowledges the contributions of all team members who have worked on the case.

The petitioners further argue that the restriction affects the professional growth of advocates. The number of recorded appearances serves as a measure of professional engagement and plays a critical role in determining eligibility for chamber allocation, senior designation, empanelment for government assignments, and voting rights in bar association elections.

The associations also raise procedural concerns, asserting that the observation in Bhagwan Singh was issued without consulting the legal community or the associations representing them. They state that no lis (issue in dispute) warranted such a direction in that particular case. The petitioners argue that such directives fall under the administrative rule-making powers of the Supreme Court and require broader deliberation.

The petition refers to the Supreme Court’s observation in Bhagwan Singh v. State of Uttar Pradesh 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 petitioners argue that this interpretation undermines the collective efforts of legal teams and fails to recognize the multifaceted roles advocates play in case preparation and adjudication.

The petitioners further contend that the lack of prior consultation with the bar before issuing such directions amounts to an overreach. They assert that directions impacting the legal fraternity must consider input from affected parties.

The petitioners have requested the Supreme Court to:

1. Declare that all advocates involved in a case are entitled to have their appearances recorded in court orders as per the Supreme Court Rules.

2. Issue guidelines ensuring uniform practices across all benches of the Supreme Court for marking appearances.

3. Recognize the contributions of all advocates involved in case preparation, including drafting, research, and other preparatory work, by ensuring their efforts are acknowledged through the recording of appearances.

The petition also seeks to modify the general practice directions issued in the Bhagwan Singh case on September 20, 2024, arguing that they were issued without appropriate legal basis or consultation with the bar.

The petition was drafted by Advocates Vipin Nair, Vikrant Yadav, Amit Sharma, and Nikhil Jain. It was settled by Senior Advocates Kapil Sibal, Atmaram Nadkarni, Rachana Srivastava, and Gagan Gupta, and filed through Advocate Astha Sharma.