In a landmark move, the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAoRA) have initiated a legal challenge against the recent Supreme Court rules regarding the recording of advocate appearances in court orders. The petition, filed on Tuesday, demands that all advocates actively involved in a case be acknowledged in court records, not just those making oral arguments.
The controversy stems from a 2024 Supreme Court observation in the case Bhagwan Singh vs State of Uttar Pradesh, where it was noted that only Advocates-on-Record (AoR) could mark the appearances for advocates authorized to speak on a given day. This ruling has sparked a debate over the traditional understanding and practices of advocate appearances.
Historically, the Supreme Court has recognized the efforts of all contributing advocates, regardless of their role in oral submissions. The petition emphasizes that the contributions of advocates extend well beyond the courtroom presentations, including research, client consultations, drafting, and preparing briefs for senior advocates. This broader definition of ‘appearance’ is pivotal in ensuring that all legal efforts are acknowledged.
According to the SCBA and SCAoRA, the current interpretation not only overlooks the contributions of junior advocates and support staff but also impacts their professional growth and recognition within the legal community. “This restrictive recording practice could significantly impact our junior colleagues, who are vital to the preparation and handling of cases,” stated an SCBA spokesperson.
The plea also highlights the practical implications of recorded appearances, which influence eligibility for voting in bar elections, chamber allocations, and considerations for senior designations and government empanelments.
The associations are advocating for the Supreme Court to adopt uniform guidelines that reflect the inclusive practices historically followed by the judiciary. “Every advocate’s contribution is crucial and deserves recognition. It’s not just about arguing the case but also about the comprehensive preparation behind the scenes,” added a senior member of the SCAoRA.
