Full Judgment Text
2025 INSC 364
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NOS. 3-4 OF 2025
IN
CRIMINAL APPEAL NO. 3883-3884 OF 2024
SUPREME COURT BAR ASSOCIATION
& ANR. .... PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH
& ORS. .... RESPONDENT(S)
J U D G M E N T
BELA M. TRIVEDI, J.
1. The Miscellaneous Applications have been filed
jointly by the Supreme Court Bar Association (SCBA)
and the Supreme Court Advocates-on-Record
Association (SCAORA) seeking intervention in the
matter and seeking clarification/ modification of the
Signature Not Verified
Digitally signed by
RAVI ARORA
directions contained in Para 42 of the Judgment and
Date: 2025.03.19
12:48:26 IST
Reason:
M.A. No. 3-4 of 2025 Page 1 of 26
Order dated 20.09.2024 in Criminal Appeal No. 3883-
3884 of 2024. The said Para 42 reads as under: -
“42. In view of the said Notice/Circular dated
30.12.2022 and in furtherance of the afore-
stated order passed by the Coordinate Bench, it
is directed that the 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. Such
names shall be given by the Advocate on
Record on each day of hearing of the case as
instructed in the Notice. If there is any change in
the name of the arguing Advocate, it shall be
duty of the concerned Advocate-on-Record to
inform the concerned Court Master in advance
or at the time of hearing of the case. The
concerned Officers/Court Masters shall act
accordingly.”
2. This Court on 23.01.2025, had passed the following
Order in the captioned Miscellaneous Applications: -
“O R D E R
“IA No. 239214/2024, IA No. 283438/2024, and
IA No. 283437/2024
1. These applications have been filed by the
applicants- Supreme Court Bar Association
(SCBA) And Supreme Court Advocates On-
Record Association (SCAORA) in
Miscellaneous Application Nos. 3-4/2025,
seeking permission to intervene in the matter
and seeking clarification/ modification of the
judgment dated 20.09.2024 passed in Crl.
Appeal Nos.3883-3884 of 2024. Following
prayers have been sought in the M.A. No.3-
4/2025.
“a) Modify order dated 20.09.2024
passed by this Hon'ble Court in
the CrI. A. No. 3883-3884 of 2024
to the extent that the investigation
M.A. No. 3-4 of 2025 Page 2 of 26
carried out by the CBI in
furtherance on the directions of
this Hon'ble Court, shall be
independent and not influenced
by the observations made in the
instant matter especially
Paragraphs 24, 25, 30 and 32 of
the Judgment dated 20.09.2024;
b) Modify/Clarify the directions
passed in Para-42 of the order to
the extent that the names of those
Advocates should also be
included who have assisted the
Advocate on Record in
preparation of the case and/or
have briefed the arguing counsel
or Senior Advocate and/or are
from the office of the Senior
Advocate assisting on the matter.”
2 . At the outset, in response to the query put
forth by the Court as to what locus standi the
applicants have to file these Interlocutory
Applications/ Miscellaneous Applications in a
disposed of Criminal Appeals being Crl. Appeal
Nos.3883-3884/2024, the learned Senior
Advocate, Mr. Kapil Sibal, appearing for the
applicants fairly conceded that in normal
circumstances the applicants would not have
the locus standi, however he earnestly urged to
permit him to address the Court, submitting that
both the applicants – Associations are working
for the welfare of the Bar, and the judgment in
question has a wide repercussions on the
Advocates practicing in the Supreme Court and
on the legal profession as a whole.
3. He further submitted that so far as prayer
clause (a) sought in M.A. is concerned, it may
be clarified that the observations made in the
judgment are prima facie and may not influence
the CBI in carrying out the investigation
independently.
M.A. No. 3-4 of 2025 Page 3 of 26
4. Since, Mr. Kapil Sibal, is not only the Senior
Advocate but is also the President of the SCBA,
we permitted him to address the Court without
being technical as to the locus standi of the
applicants. Considering his earnest request,
however without diluting the tenor and effect of
the directions given and observations made in
the judgment dated 20.09.2024, we may clarify
that the CBI shall carry out the Inquiry/
Investigation independently and in accordance
with law and register the case against the
persons who are found involved and
responsible for the commission of the alleged
crimes.
5. So far as the prayer clause (b) is concerned,
learned Senior Advocate, Mr. Kapil Sibal,
submitted that the Members of both the
Associations i.e. SCBA and SCAORA, are
committed to the cause of justice and are also
committed to promote professional competence
and maintain professional integrity, and to
prevent unethical practices affecting the legal
profession. He submitted that on the next date
of hearing, the applicants shall come out with
some concrete proposal for taking steps/ action
for the promotion and improvement of the
professional competence, which in turn would
help in maintaining the professional integrity for
the larger cause of justice.
6 . In view of the said submission, list the
applications before the same combination of
Bench on 30.01.2025 at 02:00 p.m.”
3. In view of the above Order, the Court had allowed the
Applicants-Associations to make their submissions,
without being technical about their locus standi to
intervene and to file these Miscellaneous
Applications in the disposed of matter.
M.A. No. 3-4 of 2025 Page 4 of 26
4. On 13.02.2025, Ms. Rachana Srivastava, the Vice
President of SCBA, and the other Representatives of
the SCBA and of SCAORA, made oral submissions
and also submitted written joint submissions inter alia
as under: -
i. The directions contained in the Judgment and
Order dated 20.09.2024 are likely to seriously
prejudice the rights of the members of the said
Associations including their voting rights, rights in
the allotment of chambers and their right for being
considered for the designation as Senior
Advocate etc.
ii. As per the Guidelines for the designation of Senior
Advocates 2023, an Advocate is required to
furnish a particular number of reported/
unreported Judgments in the last 5 years in cases,
in which he has appeared as an Arguing Counsel
and Assisting Counsel. The decision in case of
1
Indira Jaising vs. Supreme Court of India , has
been relied upon to highlight the role of a lead
counsel and assisting counsel.
1
(2023) 8 SCC 1
M.A. No. 3-4 of 2025 Page 5 of 26
iii. Number of appearances of an Advocate is also
one of the criteria for determining the eligibility for
allocation of chambers in the premises of the
Supreme Court. In this regard, the decision in
case of Gopal Jha vs. Hon’ble Supreme Court
2
of India , has been relied upon.
iv. As per Rule 5 of the Rules and Regulations of
SCBA, a member is eligible to vote only if he is a
regular member of the Association, for which he
should have appearance in the Supreme Court
either as a lead Counsel in at least 5 matters in
each year of the 2 years period or as a Junior
Advocate appearing with the Senior Advocate/
Advocate-on-Record in at least 20 matters in each
year of the 2 years period. As per Supreme Court
3
Bar Association and Others vs. B.D. Kaushik ,
only Advocates practising regularly in the
Supreme Court are allowed to cast vote or contest
the elections of the Association.
v. Form-30 prescribed in the Fourth Schedule of
Supreme Court Rules, 2013, requires an
Appearance Slip to be submitted by the Advocate-
2
(2019) 13 SCC 161
3
(2011) 13 SCC 774
M.A. No. 3-4 of 2025 Page 6 of 26
on-Record for marking the appearances of the
Advocates before the Court. It has always been
an accepted rule, norm and practice in the
Supreme Court to mark the appearances of all the
Counsels who are present before the Court for a
particular case and have contributed for proper
adjudication of that case.
vi. As per Order III Rule 1 of the Civil Procedure
Code, a pleader has a right to appear on behalf of
the party before any court.
vii. By not recording the appearances of the assisting
Advocates, there will be an adverse impact on the
career progression of the Junior Advocates.
5. At the outset, it may be noted that the Court was
constrained to give the impugned directions as a part
of corrective measures, in the judgment and order
dated 20.09.2024, as the court had found not only a
misuse and abuse of process of law, but also a fraud
on the court having been prima facie committed at
the instance of the party-litigants and their advocates
involved in the case. The other reason for giving such
direction was also that the Court had noticed a very
strange practice being followed in the Supreme Court
regarding marking the appearances of number of
M.A. No. 3-4 of 2025 Page 7 of 26
advocates for a party, without anybody verifying or
certifying whether they all are authorised to appear
for that party or not. In almost all matters, whether
simple or complicated, a number of appearances of
Advocates would be shown in the Record of
Proceedings, running into pages and pages, without
any verification as to whether such advocates were
in fact present in the Court or were in fact authorised
to appear for a particular party in the case.
6. Two questions therefore arise before the Court: (i)
whether the Advocates have an indefeasible right to
appear for a party or to get their appearances marked
for a party, though not duly authorised to appear in
the court proceedings? and (ii) whether the
impugned directions given by the court impinge or
affect any of the legal, fundamental or statutory rights
of the Advocates?
7. Before adverting to the above questions, it would be
apt to refer to some of the relevant provisions
contained in The Advocates Act, 1961, The Bar
Council of India Rules and The Supreme Court
Rules, 2013.
8. The Advocates Act, 1961 has been enacted to
amend and consolidate the law relating to legal
M.A. No. 3-4 of 2025 Page 8 of 26
practitioners and to provide for the constitution of Bar
Councils and All India Bar. Section 16 thereof states
that there shall be two classes of Advocates, namely,
Senior Advocates and other Advocates. Section 30
thereof, inter alia, provides that subject to the
provisions of the said Act, every Advocate whose
name is entered in the State roll shall be entitled as
of right to practice throughout the territories to which
the said Act extends, in all courts including the
Supreme Court. Chapter V of the said Act pertains to
the conduct of the Advocates, and Section 35 and 36
empower the State Bar Council and the Bar Council
of India to take disciplinary actions and punish the
Advocate who has been found guilty of professional
and other misconduct. Section 49 thereof empowers
the Bar Council of India to make rules for discharging
its functions under the said Act and in particular for
the matters prescribed therein.
9. The Bar Council of India in exercise of its rule making
power under the Advocates Act, 1961 has framed the
Rules called ‘The Bar Council of India Rules’. The
said Rules have been divided into nine parts. Part VI
pertains to the Rules governing the Advocates.
Chapter I of the said part VI lays down the restrictions
M.A. No. 3-4 of 2025 Page 9 of 26
on Senior Advocates in the matter of their practise of
the profession of law as mentioned in Section 30 of
the Advocates Act. Chapter II of part VI pertains to
the standards of professional conduct and etiquette
to be followed by the Advocates. The said Chapter
lays down the Duties of an Advocate to the court, to
the client, to the opponent, and to the colleagues.
Chapter IV of Part VI also prescribes the form of
dresses or robes to be worn by the Advocates.
10. It may further be noted that under Article 145 of the
Constitution of India, the Supreme Court is
empowered, with the approval of the President, to
make Rules for regulating generally the practice and
procedure of the Court including the Rules as to the
persons practicing before the Court. Accordingly, the
Supreme Court has framed the Supreme Court
Rules 2013, which came to be amended by the
Supreme Court/ Amendment Rules, 2019
(hereinafter referred to as the said Rules).
11. Order IV of the said Rules 2013, pertains to the
“Advocates.” Relevant parts of the said Rules
contained in Order IV are reproduced hereunder: -
“ 1. (a) Subject to the provisions of these rules
an advocate whose name is entered on the roll
of any State Bar Council maintained under the
M.A. No. 3-4 of 2025 Page 10 of 26
Advocates Act, 1961 (25 of 1961) as amended
shall be entitled to appear before the Court:
Provided that an advocate whose name
is entered on the roll of any State Bar Council
maintained under the Advocates Act, 1961 (25
of 1961), for less than one year, shall be entitled
to mention matters in Court for the limited
purpose of asking for time, date, adjournment
and similar such orders, but shall not be entitled
to address the Court for the purpose of any
effective hearing:
Provided further that the Court may, if it
thinks desirable to do so for any reason, permit
any person to appear and address the Court in
a particular case.
(b) No Advocate other the Advocate-on-Record
for a party shall appear, plead and address the
court in the matter unless he is instructed by the
Advocate-on-Record or permitted by the Court.”
(c) ……………………
2. (a) The Chief Justice and the Judges may,
with the consent of the advocate, designate an
advocate as senior advocate if in their opinion
by virtue of his ability, standing at the Bar or
special knowledge or experience in law the said
advocate is deserving of such distinction
(b) A senior advocate shall not-
(i) file a vakalatnama or act in any Court or
Tribunal in India;
(ii) appear without an advocate-on-record in the
Court or without a junior in any other Court or
Tribunal in India;
(iii) accept instructions to draw pleadings or
affidavit, advise on evidence or do any drafting
work of an analogous kind in any Court or
Tribunal in India or undertake conveyancing
work of any kind whatsoever but this prohibition
shall not extend to settling any such matter as
aforesaid in consultation with a junior;
(iv) accept directly from a client any brief or
Instructions to appear in any Court or Tribunal in
India.
M.A. No. 3-4 of 2025 Page 11 of 26
Explanation. - …………………………
3 to 4 …………
5. No advocate shall be qualified to be
registered as an advocate-on-record unless: -
(i) his name is, and has been borne on the roll
of any State Bar Council for a period of not less
than four years on the date of commencement
of his training as provided hereinafter:
(ii) to (iv)………
6 ……….
7. (a) …………
(b) (i) Where the vakalatnama is executed in the
presence of the Advocate-on-Record, he shall
certify that it was executed in his presence.
(ii) Where the Advocate-on-Record merely
accepts the vakalatnama which is already duly
executed in the presence of a Notary or an
advocate, he shall make an endorsement
thereon that he has satisfied himself about the
due execution of the vakalatnama.
(c) No advocate other than an advocate-on-
record shall be entitled to file an appearance or
act for a party in the Court.
(d) & (e) …..…………………
8-9 ………………………….
10 . When, on the complaint of any person or
otherwise, the Court is of the opinion that an
advocate-on-record has been guilty of
misconduct or of conduct unbecoming of an
advocate-on-record, the Court may make an
order removing his name from the register of
advocates on record either permanently or for
such period as the Court may think fit and the
Registrar shall thereupon report the said fact to
the Bar Council of lndia and to State Bar Council
concerned:
Provided ……………………
11 to 19 …………………………….
M.A. No. 3-4 of 2025 Page 12 of 26
20. No advocate-on-record shall authorise any
person whatsoever except another advocate-
on-record, to act for him in any case.”
12. So far as Appearance Slip is concerned, the said
Rules have prescribed it in the Form No.30 in the
Fourth Schedule, appended to the said Rules. The
said Form No. 30 alongwith its Note is reproduced as
under: -
“No. 30
APPEARANCE SLIP
IN THE SUPREME COURT OF INDIA
Date of Listing………
.
Court No……./In Chambers Item No………..
Case No. ………….
Name of Advocate Enrolment No.
1. ………… ………….
2. ………… ………….
Appearing for
Petitioner Respondent
No. No.
……………………….
[Signature of AOR]
……………………….
[Name of AOR]
Note. –
Court Master shall ensure to record appearance in the
Record of Proceedings only of Senior Advocate/ AOR/
Advocate who are physically present and arguing in the
Court at the time of hearing of the matter and one
M.A. No. 3-4 of 2025 Page 13 of 26
Advocate/ AOR each for assistance in Court to such
arguing Senior Advocate/ AOR/ Advocate, as the case
may be.”
13. From the above stated statutory provisions, what is
deducible is that the Supreme Court in exercise of the
powers conferred by Article 145 of the Constitution of
India and all other powers enabling it in this behalf,
has made with the approval of the President, the
Rules for regulating generally the practice and
procedure of the Court, including the Rules as to
persons practicing before the Court. Therefore,
though an Advocate whose name is entered on the
roll of any State Bar Council maintained under the
Advocates Act, 1961 is entitled to appear before the
Supreme Court, his appearance would be subject to
the said Rules of 2013 framed by the Supreme Court.
The proviso to Rule 1(a) of Order IV restricts an
Advocate from addressing the Court for the purpose
of any effective hearing, if his name has been entered
on the roll of any State Bar Council for less than 1
year. Of course, he is entitled to mention the matter
in the Court for limited purpose of asking time, date,
adjournment and similar such orders. As per Rule
1(b), no Advocate other than the Advocate-on-
Record for a party can appear, plead and address the
M.A. No. 3-4 of 2025 Page 14 of 26
Court in a matter unless he is instructed by the
Advocate-on-Record or permitted by the Court.
14. Rule 20 thereof states that no Advocate-on-Record
shall authorise any person whatsoever except
another Advocate-on-Record, to act for him in any
case. Rule 2(b) mandates that a Senior Advocate
shall not appear without an Advocate-on-record in the
Supreme Court and shall not appear without a junior
in any other court in India. Thus, as per the said Rule
so far as Supreme Court is concerned, a Senior
Advocate can not appear without the Advocate on
Record appearing on behalf of a party.
15. It is pertinent to note that as per Rule 7(c) no
Advocate other than the Advocate-on-Record is
entitled to file an appearance or act for a party in the
Court, and Rule 7(a) requires an Advocate-on-
Record to file his memorandum of appearance on
behalf of a party accompanied by Vakalatnama duly
executed by the party. Where the Vakalatnama is
executed in the presence of the Advocate-on-Record,
he shall certify that it was executed in his presence.
If the Advocate-on-Record has merely accepted the
Vakalatnama, which was already executed in the
presence of a Notary or an Advocate, he has to make
M.A. No. 3-4 of 2025 Page 15 of 26
an endorsement thereon that he has satisfied himself
about the due execution of the Vakalatnama.
Meaning thereby, every Vakalatnama has to be
executed by the party in presence of the Advocate-
on-Record or in presence of a Notary or an Advocate,
for being sent to the Advocate-on-Record. If the
Vakalatnama was not executed in his presence, the
Advocate-on-Record has to make an endorsement
on the Vakalatnama that he has satisfied himself
about the due execution of the Vakalatnama. This
Rule 7 assumes significance more particularly in the
Supreme Court, in as much as, many a times, the
Advocates-on-Record would be receiving the
Vakalatnama already executed by the party, who
might be staying at a far away place. In that case, it
would be incumbent on the part of Advocate-on-
Record, before filing his Memorandum of appearance
on behalf of such party that the Vakalatnama
received by him was duly executed in presence of a
Notary or other Advocate and to make an
endorsement in that regard.
16. Rule 10 of the said Order IV also assumes
significance in case when an accountability is
required to be fixed on the Advocate-on-Record and
M.A. No. 3-4 of 2025 Page 16 of 26
when, in the opinion of the Court, he has been guilty
of misconduct or of conduct unbecoming of an
Advocate-on-Record.
17. It is noticed by us that in many cases the Advocate-
on-Record would merely lend his/her name without
any further participation in the proceedings of the
case. The Advocate-on-Record would be seldom
found present along with the Senior Advocate. The
Appearance Slip in the prescribed Form No.30 would
also not have been given showing the correct
appearances. We cannot resist ourselves from
observing that every Vakalatnama or Memorandum
of Appearance filed in a case by the Advocate on
Record carries lot of responsibility and accountability.
18. A right of an Advocate to appear for a party and to
practice in the courts is coupled with the duty to
remain present in the court at the time of hearing, and
to participate and conduct the proceedings diligently,
sincerely, honestly and to the best of his ability.
Rights and duties are two sides of the same coin, and
they are inherently connected with each other.
19. This Court in case of Bar of Indian Lawyers
Through Its President Jasbir Singh Malik Etc. Vs.
D.K. Gandhi PS National Institute of
M.A. No. 3-4 of 2025 Page 17 of 26
4
Communicable Diseases and Another, etc. , while
holding that the legal profession is sui generis i.e.
unique in nature and cannot be compared with other
professions, also held that a service hired or availed
of an Advocate, is a service under “a contract of
personal service” and therefore would fall within the
exclusionary part of the “service” contained in
Section 2(42) of the Consumer Protection Act, 2019.
On the right of an Advocate to practice, and to act for
any person in the court, it was observed as under: -
“49. A conjoint reading of the provisions
contained in Order III CPC and Chapter IV of
Advocates Act pertaining to right to practise,
there remains no shadow of doubt that an
advocate whose name has been entered in the
State roll is entitled as of right to practise in all
Courts, however he can act for any person in
any Court only when he is appointed by such
person by executing the document called
“Vakalatnama.” Such Advocate has certain
authorities by virtue of such “Vakalatnama” but
at the same time has certain duties too, i.e. the
duties to the courts, to the client, to the
opponent and to the colleagues as enumerated
in the Bar Council of India Rules.
50. In this regard, this Court in Himalayan
Cooperative Group Housing Society vs.
Balwan Singh and Others has made very apt
observations, which are reproduced hereunder:
-
4
(2024) 8 SCC 430
M.A. No. 3-4 of 2025 Page 18 of 26
22. Apart from the above, in our view
lawyers are perceived to be their
client's agents. The law of agency
may not strictly apply to the client-
lawyer's relationship as lawyers or
agents, lawyers have certain
authority and certain duties. Because
lawyers are also fiduciaries, their
duties will sometimes be more
demanding than those imposed on
other agents. The authority-agency
status affords the lawyers to act for
the client on the subject-matter of the
retainer. One of the most basic
principles of the lawyer-client
relationship is that lawyers owe
fiduciary duties to their clients. As part
of those duties, lawyers assume all
the traditional duties that agents owe
to their principals and, thus, have to
respect the client's autonomy to make
decisions at a minimum, as to the
objectives of the representation.
Thus, according to generally
accepted notions of professional
responsibility, lawyers should follow
the client's instructions rather than
substitute their judgment for that of
the client. The law is now well settled
that a lawyer must be specifically
authorised to settle and compromise
a claim, that merely on the basis of his
employment he has no implied or
ostensible authority to bind his client
to a compromise/settlement. To put it
alternatively that a lawyer by virtue of
retention, has the authority to choose
the means for achieving the client's
legal goal, while the client has the
right to decide on what the goal will
be. If the decision in question falls
within those that clearly belong to the
M.A. No. 3-4 of 2025 Page 19 of 26
client, the lawyer's conduct in failing
to consult the client or in making the
decision for the client, is more likely to
constitute ineffective assistance of
counsel.”
20. So far as Appearance Slip is concerned, the “Note”
mentioned at the foot of Form No.30 in the Fourth
Schedule appended to the said Rules 2013, requires
the Court Master to ensure to record appearances in
the Record of Proceedings only of Senior Advocate/
AOR/ Advocate who is physically present and
arguing in the Court at the time of hearing of the
matter and one Advocate/ AOR each for assistance
in the Court to such arguing Senior Advocate/ AOR/
Advocate, as the case may be. This means that the
Court Master is required to record appearances in the
Record of Proceedings only of (i) Senior Advocate or
AOR or Advocate who is physically present and
arguing in the Court on behalf of a party at the time
of hearing of the matter and (ii) one Advocate or AOR
each for assistance in the Court to such arguing
Senior Advocate or AOR or Advocate as the case
may be. Therefore, along with the arguing Senior
Advocate or AOR or Advocate appearing for a party,
further additional appearance of only one Advocate
or AOR as the case may be, who is assisting in the
M.A. No. 3-4 of 2025 Page 20 of 26
matter, could be recorded. Of course, any
subsequent change in the engagement of the AOR or
the Senior Advocate or the Arguing Advocate by the
party, may be intimated by the concerned AOR by
submitting an Appearance Slip afresh to the
concerned Court Master, and the concerned Court
Master shall have to mark the appearances of the
Advocates accordingly in the Record of Proceedings.
21. It is difficult to accept the submission made on behalf
of the Applicants Associations that it has been the
practice in the Supreme Court to get appearances of
all counsels marked, who are present in the court for
a particular case, and contributed or assisted the
arguing counsel. It hardly needs to be stated that no
practice could be permitted to overrule the Statutory
Rules, particularly when the Rules are framed by the
Supreme Court in exercise of the powers conferred
under Article 145 of the Constitution. The said Rules
having a statutory force have to be strictly adhered to
and followed by all concerned, that is, by the officers
of the Court including the Court Masters as also the
Advocates. There has to be effective participation or
assistance by the concerned Advocate assisting the
Arguing advocate in the case, when the matter is
M.A. No. 3-4 of 2025 Page 21 of 26
being conducted in the Court. Casual, formal or
ineffective presence in the Court along with the AOR
or arguing Advocate, without due authorisation by the
party concerned, cannot entitle the Advocate to insist
the Court Master to record his or her appearance in
the Record of Proceedings.
22. The submission made on behalf of the Applicants-
Associations that the impugned directions given by
the Court would have an adverse impact on the rights
of the Advocates to vote, to be considered for the
allotment of chambers in the Supreme Court
premises and for the designation as Senior Advocate,
also has no force. In this regard, it may be noted that
the issues with regard to allotment of chambers in the
Supreme Court premises and about the voting rights
of the Advocates in the elections of Supreme Court
Bar Association have been raised and considered by
this Court in various judgments. In Gopal Jha case
(supra)
, this Court had reiterated that there is no
fundamental right or statutory right of an Advocate to
have an allotment of chamber in any court premises,
and that it is only a facility which is provided in the
court premises. It has been further observed that the
members of SCAORA or other similarly situated
M.A. No. 3-4 of 2025 Page 22 of 26
persons who are members of SCBA can make only a
request to the Chambers committee constituted
under the Supreme Court Lawyers’ Chambers
(Allotment and Occupancy) Rules framed by the
Supreme Court on administrative side, for the
allotment of chambers within the compound of
Supreme Court. The said Rules govern the
procedure and the eligibility criteria for allotment of
chambers which are binding to all.
23. The issues with regard to the voting right and the right
to contest elections of SCBA, have also been
crystallised by this Court in Supreme Court Bar
Association and Others (supra), in which it has
been held inter alia that right to vote or to contest
election is neither a fundamental right nor a common
law right, but is purely a statutory right governed by
the Statutes/Rules/Regulations. We therefore need
not elaborate any further on the issues raised, except
to observe that members of the Applicants-
Associations are bound by the Rules and
Regulations with regard to right to the allotment of
Chambers and with regard to the right to vote or right
to contest elections of the Bar Association, as also
M.A. No. 3-4 of 2025 Page 23 of 26
they are bound by the Supreme Court Rules, 2013
framed under Article 145 of the Constitution of India.
24. In the aforesaid premises, we are of the opinion that
the said Supreme Court Rules, 2013 as amended by
Rules, 2019 having the statutory force, have to be
adhered to and complied with by all the officers of the
Court as also the Advocates practicing in the
Supreme Court. The Supreme Court being the
highest court of the country, the practice and
procedure being followed in the Supreme Court
proceedings by the Advocates and Officers of the
Supreme Court have to be strictly in accordance with
the Statutory Rules framed by it, and not dehors the
said Rules. Hence, keeping in view the said Rules
framed in exercise of the powers conferred under
Article 145 of the Constitution of India, and for
regulating the Practice and Procedure of the
Supreme Court, it is directed that –
(i) Where the Vakalatnama is executed in the
presence of the Advocate-on-Record, he shall
certify that it was executed in his presence.
(ii) Where the Advocate-on-Record merely accepts
the Vakalatnama which is already duly executed
in the presence of a Notary or an Advocate, he
M.A. No. 3-4 of 2025 Page 24 of 26
shall make an endorsement thereon that he has
satisfied himself about the due execution of the
Vakalatnama.
(iii) The Advocate on record shall furnish the details
as required by the Appearance Slip prescribed
in Form No. 30 through the link provided on the
website as mentioned in the Notice dated
30.12.2022 issued by the Supreme Court;
(iv) The respective Court Masters shall ensure to
record appearances in the Record of
Proceedings only of Senior
Advocate/AOR/Advocate who are physically
present and arguing in the Court at the time of
hearing of the matter, and one Advocate/AOR
each for assistance in Court to such arguing
Senior Advocate/AOR/Advocate, as the case
may be, as required in the Note mentioned at
the foot of the said Form No. 30; and
(v) If there is any change in the authorisation of the
AOR or of the Senior Advocate or Arguing
Advocate by the concerned party, after the
submission of the Appearance Slip prescribed
in Form No. 30, it shall be duty of the concerned
AOR to submit an Appearance Slip afresh to the
M.A. No. 3-4 of 2025 Page 25 of 26
concerned Court Master informing him about
such change, and the concerned Court Master
shall record appearances of such Advocates
accordingly in the Record of Proceedings.
(vi) A Senior Advocate shall not appear without an
AOR in the Supreme Court.
25. Subject to the above modification in the directions
contained in para 42 of the Judgement dated
20.09.2024, the Miscellaneous Applications stand
disposed of.
26. The Office shall do the needful for the due
compliance of the directions contained in this order.
....………………………………J.
[BELA M. TRIVEDI]
..…………..……………………. J.
[SATISH CHANDRA SHARMA]
NEW DELHI;
th
MARCH 19 , 2025
M.A. No. 3-4 of 2025 Page 26 of 26
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NOS. 3-4 OF 2025
IN
CRIMINAL APPEAL NO. 3883-3884 OF 2024
SUPREME COURT BAR ASSOCIATION
& ANR. .... PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH
& ORS. .... RESPONDENT(S)
J U D G M E N T
BELA M. TRIVEDI, J.
1. The Miscellaneous Applications have been filed
jointly by the Supreme Court Bar Association (SCBA)
and the Supreme Court Advocates-on-Record
Association (SCAORA) seeking intervention in the
matter and seeking clarification/ modification of the
Signature Not Verified
Digitally signed by
RAVI ARORA
directions contained in Para 42 of the Judgment and
Date: 2025.03.19
12:48:26 IST
Reason:
M.A. No. 3-4 of 2025 Page 1 of 26
Order dated 20.09.2024 in Criminal Appeal No. 3883-
3884 of 2024. The said Para 42 reads as under: -
“42. In view of the said Notice/Circular dated
30.12.2022 and in furtherance of the afore-
stated order passed by the Coordinate Bench, it
is directed that the 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. Such
names shall be given by the Advocate on
Record on each day of hearing of the case as
instructed in the Notice. If there is any change in
the name of the arguing Advocate, it shall be
duty of the concerned Advocate-on-Record to
inform the concerned Court Master in advance
or at the time of hearing of the case. The
concerned Officers/Court Masters shall act
accordingly.”
2. This Court on 23.01.2025, had passed the following
Order in the captioned Miscellaneous Applications: -
“O R D E R
“IA No. 239214/2024, IA No. 283438/2024, and
IA No. 283437/2024
1. These applications have been filed by the
applicants- Supreme Court Bar Association
(SCBA) And Supreme Court Advocates On-
Record Association (SCAORA) in
Miscellaneous Application Nos. 3-4/2025,
seeking permission to intervene in the matter
and seeking clarification/ modification of the
judgment dated 20.09.2024 passed in Crl.
Appeal Nos.3883-3884 of 2024. Following
prayers have been sought in the M.A. No.3-
4/2025.
“a) Modify order dated 20.09.2024
passed by this Hon'ble Court in
the CrI. A. No. 3883-3884 of 2024
to the extent that the investigation
M.A. No. 3-4 of 2025 Page 2 of 26
carried out by the CBI in
furtherance on the directions of
this Hon'ble Court, shall be
independent and not influenced
by the observations made in the
instant matter especially
Paragraphs 24, 25, 30 and 32 of
the Judgment dated 20.09.2024;
b) Modify/Clarify the directions
passed in Para-42 of the order to
the extent that the names of those
Advocates should also be
included who have assisted the
Advocate on Record in
preparation of the case and/or
have briefed the arguing counsel
or Senior Advocate and/or are
from the office of the Senior
Advocate assisting on the matter.”
2 . At the outset, in response to the query put
forth by the Court as to what locus standi the
applicants have to file these Interlocutory
Applications/ Miscellaneous Applications in a
disposed of Criminal Appeals being Crl. Appeal
Nos.3883-3884/2024, the learned Senior
Advocate, Mr. Kapil Sibal, appearing for the
applicants fairly conceded that in normal
circumstances the applicants would not have
the locus standi, however he earnestly urged to
permit him to address the Court, submitting that
both the applicants – Associations are working
for the welfare of the Bar, and the judgment in
question has a wide repercussions on the
Advocates practicing in the Supreme Court and
on the legal profession as a whole.
3. He further submitted that so far as prayer
clause (a) sought in M.A. is concerned, it may
be clarified that the observations made in the
judgment are prima facie and may not influence
the CBI in carrying out the investigation
independently.
M.A. No. 3-4 of 2025 Page 3 of 26
4. Since, Mr. Kapil Sibal, is not only the Senior
Advocate but is also the President of the SCBA,
we permitted him to address the Court without
being technical as to the locus standi of the
applicants. Considering his earnest request,
however without diluting the tenor and effect of
the directions given and observations made in
the judgment dated 20.09.2024, we may clarify
that the CBI shall carry out the Inquiry/
Investigation independently and in accordance
with law and register the case against the
persons who are found involved and
responsible for the commission of the alleged
crimes.
5. So far as the prayer clause (b) is concerned,
learned Senior Advocate, Mr. Kapil Sibal,
submitted that the Members of both the
Associations i.e. SCBA and SCAORA, are
committed to the cause of justice and are also
committed to promote professional competence
and maintain professional integrity, and to
prevent unethical practices affecting the legal
profession. He submitted that on the next date
of hearing, the applicants shall come out with
some concrete proposal for taking steps/ action
for the promotion and improvement of the
professional competence, which in turn would
help in maintaining the professional integrity for
the larger cause of justice.
6 . In view of the said submission, list the
applications before the same combination of
Bench on 30.01.2025 at 02:00 p.m.”
3. In view of the above Order, the Court had allowed the
Applicants-Associations to make their submissions,
without being technical about their locus standi to
intervene and to file these Miscellaneous
Applications in the disposed of matter.
M.A. No. 3-4 of 2025 Page 4 of 26
4. On 13.02.2025, Ms. Rachana Srivastava, the Vice
President of SCBA, and the other Representatives of
the SCBA and of SCAORA, made oral submissions
and also submitted written joint submissions inter alia
as under: -
i. The directions contained in the Judgment and
Order dated 20.09.2024 are likely to seriously
prejudice the rights of the members of the said
Associations including their voting rights, rights in
the allotment of chambers and their right for being
considered for the designation as Senior
Advocate etc.
ii. As per the Guidelines for the designation of Senior
Advocates 2023, an Advocate is required to
furnish a particular number of reported/
unreported Judgments in the last 5 years in cases,
in which he has appeared as an Arguing Counsel
and Assisting Counsel. The decision in case of
1
Indira Jaising vs. Supreme Court of India , has
been relied upon to highlight the role of a lead
counsel and assisting counsel.
1
(2023) 8 SCC 1
M.A. No. 3-4 of 2025 Page 5 of 26
iii. Number of appearances of an Advocate is also
one of the criteria for determining the eligibility for
allocation of chambers in the premises of the
Supreme Court. In this regard, the decision in
case of Gopal Jha vs. Hon’ble Supreme Court
2
of India , has been relied upon.
iv. As per Rule 5 of the Rules and Regulations of
SCBA, a member is eligible to vote only if he is a
regular member of the Association, for which he
should have appearance in the Supreme Court
either as a lead Counsel in at least 5 matters in
each year of the 2 years period or as a Junior
Advocate appearing with the Senior Advocate/
Advocate-on-Record in at least 20 matters in each
year of the 2 years period. As per Supreme Court
3
Bar Association and Others vs. B.D. Kaushik ,
only Advocates practising regularly in the
Supreme Court are allowed to cast vote or contest
the elections of the Association.
v. Form-30 prescribed in the Fourth Schedule of
Supreme Court Rules, 2013, requires an
Appearance Slip to be submitted by the Advocate-
2
(2019) 13 SCC 161
3
(2011) 13 SCC 774
M.A. No. 3-4 of 2025 Page 6 of 26
on-Record for marking the appearances of the
Advocates before the Court. It has always been
an accepted rule, norm and practice in the
Supreme Court to mark the appearances of all the
Counsels who are present before the Court for a
particular case and have contributed for proper
adjudication of that case.
vi. As per Order III Rule 1 of the Civil Procedure
Code, a pleader has a right to appear on behalf of
the party before any court.
vii. By not recording the appearances of the assisting
Advocates, there will be an adverse impact on the
career progression of the Junior Advocates.
5. At the outset, it may be noted that the Court was
constrained to give the impugned directions as a part
of corrective measures, in the judgment and order
dated 20.09.2024, as the court had found not only a
misuse and abuse of process of law, but also a fraud
on the court having been prima facie committed at
the instance of the party-litigants and their advocates
involved in the case. The other reason for giving such
direction was also that the Court had noticed a very
strange practice being followed in the Supreme Court
regarding marking the appearances of number of
M.A. No. 3-4 of 2025 Page 7 of 26
advocates for a party, without anybody verifying or
certifying whether they all are authorised to appear
for that party or not. In almost all matters, whether
simple or complicated, a number of appearances of
Advocates would be shown in the Record of
Proceedings, running into pages and pages, without
any verification as to whether such advocates were
in fact present in the Court or were in fact authorised
to appear for a particular party in the case.
6. Two questions therefore arise before the Court: (i)
whether the Advocates have an indefeasible right to
appear for a party or to get their appearances marked
for a party, though not duly authorised to appear in
the court proceedings? and (ii) whether the
impugned directions given by the court impinge or
affect any of the legal, fundamental or statutory rights
of the Advocates?
7. Before adverting to the above questions, it would be
apt to refer to some of the relevant provisions
contained in The Advocates Act, 1961, The Bar
Council of India Rules and The Supreme Court
Rules, 2013.
8. The Advocates Act, 1961 has been enacted to
amend and consolidate the law relating to legal
M.A. No. 3-4 of 2025 Page 8 of 26
practitioners and to provide for the constitution of Bar
Councils and All India Bar. Section 16 thereof states
that there shall be two classes of Advocates, namely,
Senior Advocates and other Advocates. Section 30
thereof, inter alia, provides that subject to the
provisions of the said Act, every Advocate whose
name is entered in the State roll shall be entitled as
of right to practice throughout the territories to which
the said Act extends, in all courts including the
Supreme Court. Chapter V of the said Act pertains to
the conduct of the Advocates, and Section 35 and 36
empower the State Bar Council and the Bar Council
of India to take disciplinary actions and punish the
Advocate who has been found guilty of professional
and other misconduct. Section 49 thereof empowers
the Bar Council of India to make rules for discharging
its functions under the said Act and in particular for
the matters prescribed therein.
9. The Bar Council of India in exercise of its rule making
power under the Advocates Act, 1961 has framed the
Rules called ‘The Bar Council of India Rules’. The
said Rules have been divided into nine parts. Part VI
pertains to the Rules governing the Advocates.
Chapter I of the said part VI lays down the restrictions
M.A. No. 3-4 of 2025 Page 9 of 26
on Senior Advocates in the matter of their practise of
the profession of law as mentioned in Section 30 of
the Advocates Act. Chapter II of part VI pertains to
the standards of professional conduct and etiquette
to be followed by the Advocates. The said Chapter
lays down the Duties of an Advocate to the court, to
the client, to the opponent, and to the colleagues.
Chapter IV of Part VI also prescribes the form of
dresses or robes to be worn by the Advocates.
10. It may further be noted that under Article 145 of the
Constitution of India, the Supreme Court is
empowered, with the approval of the President, to
make Rules for regulating generally the practice and
procedure of the Court including the Rules as to the
persons practicing before the Court. Accordingly, the
Supreme Court has framed the Supreme Court
Rules 2013, which came to be amended by the
Supreme Court/ Amendment Rules, 2019
(hereinafter referred to as the said Rules).
11. Order IV of the said Rules 2013, pertains to the
“Advocates.” Relevant parts of the said Rules
contained in Order IV are reproduced hereunder: -
“ 1. (a) Subject to the provisions of these rules
an advocate whose name is entered on the roll
of any State Bar Council maintained under the
M.A. No. 3-4 of 2025 Page 10 of 26
Advocates Act, 1961 (25 of 1961) as amended
shall be entitled to appear before the Court:
Provided that an advocate whose name
is entered on the roll of any State Bar Council
maintained under the Advocates Act, 1961 (25
of 1961), for less than one year, shall be entitled
to mention matters in Court for the limited
purpose of asking for time, date, adjournment
and similar such orders, but shall not be entitled
to address the Court for the purpose of any
effective hearing:
Provided further that the Court may, if it
thinks desirable to do so for any reason, permit
any person to appear and address the Court in
a particular case.
(b) No Advocate other the Advocate-on-Record
for a party shall appear, plead and address the
court in the matter unless he is instructed by the
Advocate-on-Record or permitted by the Court.”
(c) ……………………
2. (a) The Chief Justice and the Judges may,
with the consent of the advocate, designate an
advocate as senior advocate if in their opinion
by virtue of his ability, standing at the Bar or
special knowledge or experience in law the said
advocate is deserving of such distinction
(b) A senior advocate shall not-
(i) file a vakalatnama or act in any Court or
Tribunal in India;
(ii) appear without an advocate-on-record in the
Court or without a junior in any other Court or
Tribunal in India;
(iii) accept instructions to draw pleadings or
affidavit, advise on evidence or do any drafting
work of an analogous kind in any Court or
Tribunal in India or undertake conveyancing
work of any kind whatsoever but this prohibition
shall not extend to settling any such matter as
aforesaid in consultation with a junior;
(iv) accept directly from a client any brief or
Instructions to appear in any Court or Tribunal in
India.
M.A. No. 3-4 of 2025 Page 11 of 26
Explanation. - …………………………
3 to 4 …………
5. No advocate shall be qualified to be
registered as an advocate-on-record unless: -
(i) his name is, and has been borne on the roll
of any State Bar Council for a period of not less
than four years on the date of commencement
of his training as provided hereinafter:
(ii) to (iv)………
6 ……….
7. (a) …………
(b) (i) Where the vakalatnama is executed in the
presence of the Advocate-on-Record, he shall
certify that it was executed in his presence.
(ii) Where the Advocate-on-Record merely
accepts the vakalatnama which is already duly
executed in the presence of a Notary or an
advocate, he shall make an endorsement
thereon that he has satisfied himself about the
due execution of the vakalatnama.
(c) No advocate other than an advocate-on-
record shall be entitled to file an appearance or
act for a party in the Court.
(d) & (e) …..…………………
8-9 ………………………….
10 . When, on the complaint of any person or
otherwise, the Court is of the opinion that an
advocate-on-record has been guilty of
misconduct or of conduct unbecoming of an
advocate-on-record, the Court may make an
order removing his name from the register of
advocates on record either permanently or for
such period as the Court may think fit and the
Registrar shall thereupon report the said fact to
the Bar Council of lndia and to State Bar Council
concerned:
Provided ……………………
11 to 19 …………………………….
M.A. No. 3-4 of 2025 Page 12 of 26
20. No advocate-on-record shall authorise any
person whatsoever except another advocate-
on-record, to act for him in any case.”
12. So far as Appearance Slip is concerned, the said
Rules have prescribed it in the Form No.30 in the
Fourth Schedule, appended to the said Rules. The
said Form No. 30 alongwith its Note is reproduced as
under: -
“No. 30
APPEARANCE SLIP
IN THE SUPREME COURT OF INDIA
Date of Listing………
.
Court No……./In Chambers Item No………..
Case No. ………….
Name of Advocate Enrolment No.
1. ………… ………….
2. ………… ………….
Appearing for
Petitioner Respondent
No. No.
……………………….
[Signature of AOR]
……………………….
[Name of AOR]
Note. –
Court Master shall ensure to record appearance in the
Record of Proceedings only of Senior Advocate/ AOR/
Advocate who are physically present and arguing in the
Court at the time of hearing of the matter and one
M.A. No. 3-4 of 2025 Page 13 of 26
Advocate/ AOR each for assistance in Court to such
arguing Senior Advocate/ AOR/ Advocate, as the case
may be.”
13. From the above stated statutory provisions, what is
deducible is that the Supreme Court in exercise of the
powers conferred by Article 145 of the Constitution of
India and all other powers enabling it in this behalf,
has made with the approval of the President, the
Rules for regulating generally the practice and
procedure of the Court, including the Rules as to
persons practicing before the Court. Therefore,
though an Advocate whose name is entered on the
roll of any State Bar Council maintained under the
Advocates Act, 1961 is entitled to appear before the
Supreme Court, his appearance would be subject to
the said Rules of 2013 framed by the Supreme Court.
The proviso to Rule 1(a) of Order IV restricts an
Advocate from addressing the Court for the purpose
of any effective hearing, if his name has been entered
on the roll of any State Bar Council for less than 1
year. Of course, he is entitled to mention the matter
in the Court for limited purpose of asking time, date,
adjournment and similar such orders. As per Rule
1(b), no Advocate other than the Advocate-on-
Record for a party can appear, plead and address the
M.A. No. 3-4 of 2025 Page 14 of 26
Court in a matter unless he is instructed by the
Advocate-on-Record or permitted by the Court.
14. Rule 20 thereof states that no Advocate-on-Record
shall authorise any person whatsoever except
another Advocate-on-Record, to act for him in any
case. Rule 2(b) mandates that a Senior Advocate
shall not appear without an Advocate-on-record in the
Supreme Court and shall not appear without a junior
in any other court in India. Thus, as per the said Rule
so far as Supreme Court is concerned, a Senior
Advocate can not appear without the Advocate on
Record appearing on behalf of a party.
15. It is pertinent to note that as per Rule 7(c) no
Advocate other than the Advocate-on-Record is
entitled to file an appearance or act for a party in the
Court, and Rule 7(a) requires an Advocate-on-
Record to file his memorandum of appearance on
behalf of a party accompanied by Vakalatnama duly
executed by the party. Where the Vakalatnama is
executed in the presence of the Advocate-on-Record,
he shall certify that it was executed in his presence.
If the Advocate-on-Record has merely accepted the
Vakalatnama, which was already executed in the
presence of a Notary or an Advocate, he has to make
M.A. No. 3-4 of 2025 Page 15 of 26
an endorsement thereon that he has satisfied himself
about the due execution of the Vakalatnama.
Meaning thereby, every Vakalatnama has to be
executed by the party in presence of the Advocate-
on-Record or in presence of a Notary or an Advocate,
for being sent to the Advocate-on-Record. If the
Vakalatnama was not executed in his presence, the
Advocate-on-Record has to make an endorsement
on the Vakalatnama that he has satisfied himself
about the due execution of the Vakalatnama. This
Rule 7 assumes significance more particularly in the
Supreme Court, in as much as, many a times, the
Advocates-on-Record would be receiving the
Vakalatnama already executed by the party, who
might be staying at a far away place. In that case, it
would be incumbent on the part of Advocate-on-
Record, before filing his Memorandum of appearance
on behalf of such party that the Vakalatnama
received by him was duly executed in presence of a
Notary or other Advocate and to make an
endorsement in that regard.
16. Rule 10 of the said Order IV also assumes
significance in case when an accountability is
required to be fixed on the Advocate-on-Record and
M.A. No. 3-4 of 2025 Page 16 of 26
when, in the opinion of the Court, he has been guilty
of misconduct or of conduct unbecoming of an
Advocate-on-Record.
17. It is noticed by us that in many cases the Advocate-
on-Record would merely lend his/her name without
any further participation in the proceedings of the
case. The Advocate-on-Record would be seldom
found present along with the Senior Advocate. The
Appearance Slip in the prescribed Form No.30 would
also not have been given showing the correct
appearances. We cannot resist ourselves from
observing that every Vakalatnama or Memorandum
of Appearance filed in a case by the Advocate on
Record carries lot of responsibility and accountability.
18. A right of an Advocate to appear for a party and to
practice in the courts is coupled with the duty to
remain present in the court at the time of hearing, and
to participate and conduct the proceedings diligently,
sincerely, honestly and to the best of his ability.
Rights and duties are two sides of the same coin, and
they are inherently connected with each other.
19. This Court in case of Bar of Indian Lawyers
Through Its President Jasbir Singh Malik Etc. Vs.
D.K. Gandhi PS National Institute of
M.A. No. 3-4 of 2025 Page 17 of 26
4
Communicable Diseases and Another, etc. , while
holding that the legal profession is sui generis i.e.
unique in nature and cannot be compared with other
professions, also held that a service hired or availed
of an Advocate, is a service under “a contract of
personal service” and therefore would fall within the
exclusionary part of the “service” contained in
Section 2(42) of the Consumer Protection Act, 2019.
On the right of an Advocate to practice, and to act for
any person in the court, it was observed as under: -
“49. A conjoint reading of the provisions
contained in Order III CPC and Chapter IV of
Advocates Act pertaining to right to practise,
there remains no shadow of doubt that an
advocate whose name has been entered in the
State roll is entitled as of right to practise in all
Courts, however he can act for any person in
any Court only when he is appointed by such
person by executing the document called
“Vakalatnama.” Such Advocate has certain
authorities by virtue of such “Vakalatnama” but
at the same time has certain duties too, i.e. the
duties to the courts, to the client, to the
opponent and to the colleagues as enumerated
in the Bar Council of India Rules.
50. In this regard, this Court in Himalayan
Cooperative Group Housing Society vs.
Balwan Singh and Others has made very apt
observations, which are reproduced hereunder:
-
4
(2024) 8 SCC 430
M.A. No. 3-4 of 2025 Page 18 of 26
22. Apart from the above, in our view
lawyers are perceived to be their
client's agents. The law of agency
may not strictly apply to the client-
lawyer's relationship as lawyers or
agents, lawyers have certain
authority and certain duties. Because
lawyers are also fiduciaries, their
duties will sometimes be more
demanding than those imposed on
other agents. The authority-agency
status affords the lawyers to act for
the client on the subject-matter of the
retainer. One of the most basic
principles of the lawyer-client
relationship is that lawyers owe
fiduciary duties to their clients. As part
of those duties, lawyers assume all
the traditional duties that agents owe
to their principals and, thus, have to
respect the client's autonomy to make
decisions at a minimum, as to the
objectives of the representation.
Thus, according to generally
accepted notions of professional
responsibility, lawyers should follow
the client's instructions rather than
substitute their judgment for that of
the client. The law is now well settled
that a lawyer must be specifically
authorised to settle and compromise
a claim, that merely on the basis of his
employment he has no implied or
ostensible authority to bind his client
to a compromise/settlement. To put it
alternatively that a lawyer by virtue of
retention, has the authority to choose
the means for achieving the client's
legal goal, while the client has the
right to decide on what the goal will
be. If the decision in question falls
within those that clearly belong to the
M.A. No. 3-4 of 2025 Page 19 of 26
client, the lawyer's conduct in failing
to consult the client or in making the
decision for the client, is more likely to
constitute ineffective assistance of
counsel.”
20. So far as Appearance Slip is concerned, the “Note”
mentioned at the foot of Form No.30 in the Fourth
Schedule appended to the said Rules 2013, requires
the Court Master to ensure to record appearances in
the Record of Proceedings only of Senior Advocate/
AOR/ Advocate who is physically present and
arguing in the Court at the time of hearing of the
matter and one Advocate/ AOR each for assistance
in the Court to such arguing Senior Advocate/ AOR/
Advocate, as the case may be. This means that the
Court Master is required to record appearances in the
Record of Proceedings only of (i) Senior Advocate or
AOR or Advocate who is physically present and
arguing in the Court on behalf of a party at the time
of hearing of the matter and (ii) one Advocate or AOR
each for assistance in the Court to such arguing
Senior Advocate or AOR or Advocate as the case
may be. Therefore, along with the arguing Senior
Advocate or AOR or Advocate appearing for a party,
further additional appearance of only one Advocate
or AOR as the case may be, who is assisting in the
M.A. No. 3-4 of 2025 Page 20 of 26
matter, could be recorded. Of course, any
subsequent change in the engagement of the AOR or
the Senior Advocate or the Arguing Advocate by the
party, may be intimated by the concerned AOR by
submitting an Appearance Slip afresh to the
concerned Court Master, and the concerned Court
Master shall have to mark the appearances of the
Advocates accordingly in the Record of Proceedings.
21. It is difficult to accept the submission made on behalf
of the Applicants Associations that it has been the
practice in the Supreme Court to get appearances of
all counsels marked, who are present in the court for
a particular case, and contributed or assisted the
arguing counsel. It hardly needs to be stated that no
practice could be permitted to overrule the Statutory
Rules, particularly when the Rules are framed by the
Supreme Court in exercise of the powers conferred
under Article 145 of the Constitution. The said Rules
having a statutory force have to be strictly adhered to
and followed by all concerned, that is, by the officers
of the Court including the Court Masters as also the
Advocates. There has to be effective participation or
assistance by the concerned Advocate assisting the
Arguing advocate in the case, when the matter is
M.A. No. 3-4 of 2025 Page 21 of 26
being conducted in the Court. Casual, formal or
ineffective presence in the Court along with the AOR
or arguing Advocate, without due authorisation by the
party concerned, cannot entitle the Advocate to insist
the Court Master to record his or her appearance in
the Record of Proceedings.
22. The submission made on behalf of the Applicants-
Associations that the impugned directions given by
the Court would have an adverse impact on the rights
of the Advocates to vote, to be considered for the
allotment of chambers in the Supreme Court
premises and for the designation as Senior Advocate,
also has no force. In this regard, it may be noted that
the issues with regard to allotment of chambers in the
Supreme Court premises and about the voting rights
of the Advocates in the elections of Supreme Court
Bar Association have been raised and considered by
this Court in various judgments. In Gopal Jha case
(supra)
, this Court had reiterated that there is no
fundamental right or statutory right of an Advocate to
have an allotment of chamber in any court premises,
and that it is only a facility which is provided in the
court premises. It has been further observed that the
members of SCAORA or other similarly situated
M.A. No. 3-4 of 2025 Page 22 of 26
persons who are members of SCBA can make only a
request to the Chambers committee constituted
under the Supreme Court Lawyers’ Chambers
(Allotment and Occupancy) Rules framed by the
Supreme Court on administrative side, for the
allotment of chambers within the compound of
Supreme Court. The said Rules govern the
procedure and the eligibility criteria for allotment of
chambers which are binding to all.
23. The issues with regard to the voting right and the right
to contest elections of SCBA, have also been
crystallised by this Court in Supreme Court Bar
Association and Others (supra), in which it has
been held inter alia that right to vote or to contest
election is neither a fundamental right nor a common
law right, but is purely a statutory right governed by
the Statutes/Rules/Regulations. We therefore need
not elaborate any further on the issues raised, except
to observe that members of the Applicants-
Associations are bound by the Rules and
Regulations with regard to right to the allotment of
Chambers and with regard to the right to vote or right
to contest elections of the Bar Association, as also
M.A. No. 3-4 of 2025 Page 23 of 26
they are bound by the Supreme Court Rules, 2013
framed under Article 145 of the Constitution of India.
24. In the aforesaid premises, we are of the opinion that
the said Supreme Court Rules, 2013 as amended by
Rules, 2019 having the statutory force, have to be
adhered to and complied with by all the officers of the
Court as also the Advocates practicing in the
Supreme Court. The Supreme Court being the
highest court of the country, the practice and
procedure being followed in the Supreme Court
proceedings by the Advocates and Officers of the
Supreme Court have to be strictly in accordance with
the Statutory Rules framed by it, and not dehors the
said Rules. Hence, keeping in view the said Rules
framed in exercise of the powers conferred under
Article 145 of the Constitution of India, and for
regulating the Practice and Procedure of the
Supreme Court, it is directed that –
(i) Where the Vakalatnama is executed in the
presence of the Advocate-on-Record, he shall
certify that it was executed in his presence.
(ii) Where the Advocate-on-Record merely accepts
the Vakalatnama which is already duly executed
in the presence of a Notary or an Advocate, he
M.A. No. 3-4 of 2025 Page 24 of 26
shall make an endorsement thereon that he has
satisfied himself about the due execution of the
Vakalatnama.
(iii) The Advocate on record shall furnish the details
as required by the Appearance Slip prescribed
in Form No. 30 through the link provided on the
website as mentioned in the Notice dated
30.12.2022 issued by the Supreme Court;
(iv) The respective Court Masters shall ensure to
record appearances in the Record of
Proceedings only of Senior
Advocate/AOR/Advocate who are physically
present and arguing in the Court at the time of
hearing of the matter, and one Advocate/AOR
each for assistance in Court to such arguing
Senior Advocate/AOR/Advocate, as the case
may be, as required in the Note mentioned at
the foot of the said Form No. 30; and
(v) If there is any change in the authorisation of the
AOR or of the Senior Advocate or Arguing
Advocate by the concerned party, after the
submission of the Appearance Slip prescribed
in Form No. 30, it shall be duty of the concerned
AOR to submit an Appearance Slip afresh to the
M.A. No. 3-4 of 2025 Page 25 of 26
concerned Court Master informing him about
such change, and the concerned Court Master
shall record appearances of such Advocates
accordingly in the Record of Proceedings.
(vi) A Senior Advocate shall not appear without an
AOR in the Supreme Court.
25. Subject to the above modification in the directions
contained in para 42 of the Judgement dated
20.09.2024, the Miscellaneous Applications stand
disposed of.
26. The Office shall do the needful for the due
compliance of the directions contained in this order.
....………………………………J.
[BELA M. TRIVEDI]
..…………..……………………. J.
[SATISH CHANDRA SHARMA]
NEW DELHI;
th
MARCH 19 , 2025
M.A. No. 3-4 of 2025 Page 26 of 26