Advocate’s Right to Appear Linked to Duty to Attend Court: Supreme Court
Last Updated on March 19, 2025 by Athi Venkatesh
The Supreme Court has reaffirmed that an advocate’s right to appear in court is inseparable from their duty to be present during hearings and actively participate in proceedings. The bench, comprising Justices Bela M. Trivedi and Satish Chandra Sharma, made these observations while hearing a miscellaneous application filed by the Supreme Court Advocate-on-Record Association (SCAORA) and Supreme Court Bar Association (SCBA).
The case arose from a September 2024 order involving a fake Special Leave Petition (SLP) case. The Court had then ruled that only lawyers who actually argue or appear in a case will have their appearances recorded. In the current order, the Court reiterated its concerns over Advocates-on-Record (AORs) merely lending their names without participating further in proceedings.
The bench highlighted that rights and duties are interconnected. “A right of an advocate to appear and practice in court is coupled with the duty to remain present, participate sincerely, and conduct proceedings to the best of their ability,” the Court stressed.
The judges noted that many AORs fail to accompany senior advocates or even submit proper appearance slips. The Court also underlined the responsibility attached to filing a Vakalatnama or Memorandum of Appearance. Rule 7(a) mandates that AORs file these documents after ensuring proper execution, either in their presence or endorsed by a notary or advocate.
The Court warned that ignoring these duties undermines the sanctity of court proceedings and places unnecessary burden on the system. It stressed the need for accountability, especially when the Vakalatnama is executed by parties residing far away.
Ultimately, the Court’s order aims to curb the misuse of procedural formalities and enforce professional responsibility.
Case Title: Supreme Court Bar Association & Anr. v. State of Uttar Pradesh & Ors., MA 3-4/2025 in Crl.A. No. 3883-3884/2024
Citation: 2025 LiveLaw (SC) 320
Appearances: Senior Advocates Kapil Sibal, Rachana Srivastava; Advocates Amit Sharma (for MA), instructed by Vikrant Yadav (SCBA Secretary) and Nikhil Jain (SCAORA Secretary).
