Supreme Court Bar Association vs State Of Uttar Pradesh 2025 INSC 364 - AOR Practice - Guidelines
Practice and Procedure - (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. (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)
Advocates Act 1961 - Section 34 ; Supreme Court Rules 2013 -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- 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.
Vakalatnama - Every Vakalatnama or Memorandum of Appearance filed in a case by the Advocate on Record carries lot of responsibility and accountability. (Para 17) 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. (Para 18)
Advocates -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. (Para 22)
Election - The 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. (Para 23)
