Senior Advocate Can't Appear In Supreme Court Without An AOR; Non-AORs Can Argue Only If Instructed By An AOR : Supreme Court

In a judgment dealing with the appearance of advocates, the Supreme Court has held that 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 AOR or permitted by the Court.

The Court also held that a Senior Advocate shall not appear without an AOR in the Supreme Court.

A bench of Justices Bela M. Trivedi and Satish Chandra Sharma has observed that though an advocate is entitled to appear before the Supreme Court, his appearance would be subject to the 2013 Supreme Court Rules.

As per Rule 1(b) of Order IV, no advocate other than AOR can appear for the party. On a conjoint reading of this Rule along with Rule 20, no AOR can authorise any person except another AOR to act for him in any case. Similarly, Rule 1(b) has to be read with Rule 2(b), which says that no Senior Advocate can appear without an AOR.

"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...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.

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."

Also from the judgment - Appearance Of Only Advocates Physically Present & Arguing In Court & One Advocate Assisting In Court Will Be Recorded: Supreme Court

Case Details: SUPREME COURT BAR ASSOCIATION AND ANR. v. STATE OF UTTAR PRADESH AND ORS., MA 3-4/2025 in Crl.A. No. 3883-3884/2024

Appearances: Senior Advocates Kapil Sibal, Rachana Srivastava etc. MA has been filed through Advocate Amit Sharma and under instructions of Vikrant Yadav, Secretary SCBA and Nikhil Jain, Secretary SCAORA.

Citation : 2025 LiveLaw (SC) 320

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