The Supreme Court of India on Monday issued a critical clarification regarding court appearances, ruling that advocates who are unable to participate in court proceedings through video conferencing on Mondays and Fridays may appear physically before the bench. The decision, communicated via an official administrative circular, comes as a significant relief to the legal community following representations regarding technical and logistical hurdles.
The Shift to Virtual-Only Days
The matter stems from an administrative decision implemented by the top court on May 15. In a bid to address broader economic and environmental concerns, the Supreme Court had decided to hear cases exclusively through video conferencing on Mondays and Fridays.
As part of this initiative, the judges of the apex court had “unanimously resolved” to encourage car-pooling arrangements among themselves to ensure optimum fuel utilization. This collective action was taken in response to a call by Prime Minister Narendra Modi to cut down avoidable expenditure amidst the ongoing geopolitical crisis in West Asia.
The Representation by the Supreme Court Bar Association
Following the transition to mandatory virtual hearings on Mondays and Fridays, the Supreme Court Bar Association (SCBA) submitted a representation to the court administration. The association highlighted various difficulties and practical limitations faced by advocates in complying with the exclusive video conferencing mandate.
The Court’s Clarification and Directive
In response to the SCBA’s representation, the Competent Authority issued a circular on Monday to address the grievances of the bar while maintaining the spirit of the original directive.
The circular clarified that the initial directions to hold virtual-only hearings on Mondays and Fridays were issued “keeping in view the nation’s interest.” However, acknowledging the practical challenges raised by the SCBA, the administration carved out an exception for advocates facing genuine constraints.
According to the official circular:
“Accordingly, the Competent Authority, while appealing to the members of the Bar that they should continue to appear online, has clarified that the advocates who, for some unavoidable reasons, are not able to participate via video conferencing mode may appear physically before the Hon’ble Courts whenever it is functioning physically.”
While the administration continues to appeal to advocates to prioritize online appearances on designated days, physical hearings remain a permissible alternative for those with unavoidable circumstances.
