In a significant development from the Supreme Court on Wednesday, March 19, a new order has been passed that will change the recording of advocates’ appearances in legal proceedings. The Court has decided that only the appearances of Senior Advocates, Advocates-on-Record (AoRs), or Advocates who are physically present and actively arguing during a hearing, along with one assisting advocate or AoR for each, will be officially recorded in the proceedings.
This decision stems from a need to streamline the appearance records, adhering strictly to the Supreme Court Rules of 2013. The Court issued detailed directions regarding the execution and verification of Vakalatnamas, the official document authorizing an advocate to act for a petitioner in court. Notably, if a Vakalatnama is executed in the presence of an AoR, it must be certified by him. If accepted without direct execution, the AoR must endorse that he has verified its proper execution.
Furthermore, the AoRs are required to furnish detailed appearance information using Form No. 30, available through a specified link on the Supreme Court’s website. This measure ensures that only the advocates directly involved in presenting and arguing cases are noted, preventing the overcrowding of the record of proceedings.
The order also mandates that any changes in the authorizations of AoRs or the arguing advocates after the submission of Form No. 30 must be promptly communicated to the court masters by the AoRs, who will then update the appearance records accordingly.
This resolution comes in response to a Miscellaneous Application filed by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), who sought clarifications on an earlier direction from September 2024. The earlier direction aimed to curb the practice of recording appearances for advocates not physically present in court, a practice that sometimes led to bloated order sheets and unclear records of actual court proceedings.
The SCBA and SCAORA had raised concerns that the initial directive would unfairly exclude lawyers who contribute through drafting and research, arguing that ‘appearance’ should encompass more than just verbal argument in court. However, the Court has maintained its stance that for the purposes of record efficiency and clarity, only those physically presenting arguments will be noted.
This ruling aligns with the Court’s ongoing efforts to ensure transparency and orderliness in legal proceedings, following incidents like the Bhagwan Das v. State of UP case, where the Supreme Court had to initiate a CBI enquiry against lawyers involved in submitting a fraudulent SLP. The new regulations are expected to enhance the integrity of court records and ensure that only those directly involved in cases are recognized in official documents.
