Source: Supreme Court 

Why in News? 

Recently, the bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan has held that the Advocates on Record (AOR) who are designated as Senior Advocates must inform their clients about their designation and submit a report to the Registry confirming that alternate arrangements have been made for their clients' representation. 

• The Supreme Court held this in the matter of State of Madhya Pradesh v. Dileep (2025). 

What was the Background of State of Madhya Pradesh v. Dileep Case?  

• The case originated from Criminal appeal with the State of Madhya Pradesh as the appellant and Dileep as the respondent. 
• During the proceedings, the Advocate-on-Record (AoR) representing the respondent Dileep was designated as a Senior Advocate. 
• The case highlights an administrative issue regarding the proper procedure when an AoR is elevated to Senior Advocate status. 
• Under Section 16 of the Advocates Act, 1961, once an advocate is designated as a Senior Advocate, they can no longer: 
  • File vakalatnamas 
  • Appear without an AoR 
  • Accept briefs directly from clients 
• The Supreme Court Rules, 2013, specifically Rule 18, Order IV, governs the obligations of AoRs who are designated as Senior Advocates. 
• The Registry had issued an Alternative Arrangement Notice to the respondent (Dileep) after their AoR's elevation to Senior Advocate status. 
• This procedural matter led to questions about the responsibility of communication between advocates and their clients when such designations occur. 
• The case also involves pending examination of trial court records, as the Registry was directed to provide soft copies to the appellant's counsel. 

What were the Court’s Observations? 

• On Rule 18 Obligations: 
  • The Court emphasized that Rule 18 of Order IV incorporates multiple obligations: 
    • First, advocates must inform parties of their designation as senior advocates. 
    • Second, they must report to the Registry that: 
      • All parties have been informed. 
      • Necessary arrangements have been made for the parties' representation. 
• On Current Registry Practice: 
  • The Court noted that the Registry frequently issues notices to litigants when their AoR becomes a Senior Advocate. 
  • This practice has caused delays in case disposal due to unserved notices. 
  • The Court expressed concern about this approach. 
• On Professional Duty: 
  • The Court referenced the Papanna v. State of Karnataka (2023) case to establish that: 
    • It is the professional duty of Senior Advocates to inform their clients about their designation. 
    • They must request clients to make alternate arrangements. 
    • This duty existed even before the 2013 Rules. 
• On Compliance and Consequences: 
  • The Court stated that Senior Advocates cannot appear before the Court until they fulfill Rule 18 obligations. 
  • Failure to comply would bar them from appearing before the Court. 
• On Court's Role: 
  • The Court clarified it is not obligated to notify clients about such changes. 
  • However, it retains discretion to issue notices where litigants are found unrepresented. 
  • The Court emphasized that the responsibility lies with the AoR, not the Court. 
• On Historical Context: 
  • The Court noted these obligations existed even before the 2013 Rules. 
  • It's the advocate's professional duty to handle these communications, not the Court's responsibility. 
• The Court directed the Registrar (Judicial) to submit a report by 27th February 2025, detailing compliance of AoRs designated as Senior Advocates since 1st January 2024, including names of non-compliant Advocates. 

What is Rule 18, Order IV of Supreme Court Rules, 2013? 

• Order IV states the rules regarding advocates. 
• Rule 18 specifically states that: 
  • An advocate-on-record who, on being designated as a senior advocate or on being appointed as a Judge or for any other reason ceases to be an advocate-on-record for any party in a case shall forthwith inform the party contended that he has ceased to represent the said party as advocate-on-record in the tase.
  • The senior advocate, so designated, shall not appear as senior advocate till he reports to the Registry that parties represented by him earlier have been so informed of his designation as senior advocate and that necessary arrangements have been made for the parties to make appearance before the Court in all the cases represented by him till then.