SCBA and SCAoRA Petition Supreme Court to Recognise All Advocates' Appearances in Orders

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAoRA) have jointly approached the apex court. They seek a declaration that all advocates present in a case should have their appearances noted in court orders. This petition relates to an observation made by the Supreme Court in the 2024 case of Bhagwan Singh vs State of UP.

The Supreme Court had previously stated that Advocates-on-Record (AoR) may only mark appearances for those authorised to argue on a specific hearing day. The SCBA and SCAoRA argue this deviates from established practices. Historically, the Supreme Court has recorded appearances of all advocates involved in a case's adjudication process.

Advocates' Roles Beyond Oral Submissions

The plea highlights that an advocate's role extends beyond oral submissions. Representation in court involves researching case laws, obtaining client instructions, preparing briefs for senior advocates, and drafting pleadings. Limiting appearances to oral submissions undermines these contributions, according to the plea.

Traditionally, the Advocate-on-Record includes names of all advocates assisting in various capacities. This includes drafting, briefing senior counsel, representing parties in lower courts, or supporting the case otherwise. Such acknowledgment recognises the collective effort involved in preparing a case.

Importance of Recording Appearances

The petition emphasises that restricting recorded appearances to arguing counsel overlooks junior advocates and other team members' contributions. These individuals play crucial roles in cases but may not argue directly before the court. Recognising their involvement is vital for their professional growth.

Recorded appearances are significant for several reasons. They serve as a metric for eligibility to vote in bar association elections and allocation of chambers within court premises. Additionally, they are considered for senior designation and empanelment for government assignments.

Call for Uniform Guidelines

The plea seeks uniform guidelines to ensure consistent practices across all Supreme Court benches regarding recording appearances. Such guidelines would ensure fair recognition of all advocates contributing to a case, not just those presenting oral arguments.

This move aims to uphold fairness and acknowledge the comprehensive efforts of legal teams. It also supports the professional development of advocates by recognising their varied contributions to legal proceedings.