SUPREME COURT BAR ASSOCIATION & ANR. versus STATE OF UTTAR PRADESH & ORS.

Citation: [2025] 3 S.C.R. 821 · Decided: 19-03-2025 · Supreme Court of India · Bench: BELA M. TRIVEDI · Disposal: Disposed off
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Judgment (excerpt)

[2025] 3 S.C.R. 821 : 2025 INSC 364
Supreme Court Bar Association & Anr. 
v. 
State of Uttar Pradesh & Ors.
(Miscellaneous Application No(s). 3-4 of 2025 
In 
Criminal Appeal No(s). 3883-3884 of 2024)
19 March 2025
[Bela M. Trivedi* and Satish Chandra Sharma, JJ.]
Issue for Consideration
The present Miscellaneous Applications have been filed seeking 
intervention in the matter and seeking clarification/ modification 
of the directions contained in Para 42 of the Judgment and Order 
dated 20.09.2024 in Criminal Appeal No. 3883-3884 of 2024. The 
two questions 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.
Headnotes†
Constitution of India – Art. 145 – Supreme Court Rules, 
2013 – Bar Council of India Rules – Advocates Act, 1961 – 
The 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 – For regulating the Practice 
and Procedure of the Supreme Court, the following directions 
issued: 
Held: (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; 
* Author
822
[2025] 3 S.C.R.
Supreme Court Reports
(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 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. [Para 24]
Constitution of India – Art. 145 – Supreme Court Rules, 2013 – 
Bar Council of India Rules – Advocates Act, 1961 – Right of 
Advocates – Apperances before the Court:
Held: 1. 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 of 2013 Rules 
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 Court in a matter unless 
he is instructed by the Advocate-on-Record or permitted by the 
Court. [Para 13]
2. 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 
[2025] 3 S.C.R. 
823
Supreme Court Bar Association & Anr. v. 
State of Uttar Pradesh & Ors.
Court and shall not appear without a junior in any other court in 
India – Thus, as per the sai
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