2025 INSC 364 M.A. No. 3-4 of 2025 Page 1 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

directions contained in Para 42 of the Judgment and

M.A. No. 3-4 of 2025 Page 2 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 3 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 4 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 5 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

Indira Jaising vs. Supreme Court of India

1

, 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 6 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

of India

2

, 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

Bar Association and Others vs. B.D. Kaushik

3

,

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 7 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 8 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 9 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 10 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 11 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 12 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 gu ilty 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 13 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 14 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 15 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 16 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 17 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 18 of 26

Communicable Diseases and Another, etc.

4

, 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 19 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 20 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 21 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 22 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 23 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 24 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 25 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 26 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;

MARCH 19

th

, 2025