Supreme Court's Ruling on instructing counsel and senior advocates: Impact on the legal system and next steps for Lawyers and Litigants
WHAT IS THE SUPREME COURT’S RULING ON MENTIONING BEFORE THE VACATION BENCH?
Only instructing counsel, not senior counsel, is permitted to raise matters before the vacation bench, according to a recent Supreme Court decision. Senior counsel cannot mention cases before the vacation bench; only attorneys who have received direct instructions from the litigants may do so. This decision was adopted by the Supreme Court in order to ensure that only the most crucial matters are brought before the vacation bench and to lessen the case backlog. Senior lawyers and their capacity to represent clients during the vacation bench term will be significantly impacted by this decision.
WHY DID THE SUPREME COURT MAKE THIS RULING?
In order to guarantee that only the most crucial cases are brought before the vacation bench and to eliminate the backlog of cases, the Supreme Court decided that only instructing counsel, not senior counsel, can make mentions before the vacation court. The Chief Justice of India created a special bench known as the vacation bench to hear urgent cases during the summer and winter recesses when the court is technically not completely closed.
During this time, litigants may still file a petition with the Supreme Court; if the court determines that the petition is an “urgent matter,” the vacation bench hears the case. With its ruling, the Supreme Court hopes to speed up the procedure and guarantee that only the most crucial cases are considered during the appeals process.
WHAT IS THE IMPACT OF THIS RULING ON SENIOR COUNSEL?
Senior counsel will be significantly impacted by the Supreme Court’s decision that only instructional lawyers, not senior counsel, may make mentionings before the vacation bench. Senior counsels are knowledgeable attorneys who are frequently asked to represent clients in crucial matters. With this decision, they are restricted from speaking before the vacation bench unless they are the instructing attorney. To guarantee that the matters of their clients are brought before the vacation bench, senior counsel may need to collaborate more closely with instructing counsel.
Senior counsel’s workload during the break may also be impacted because they might not be able to represent as many clients as they could have before the ruling. Overall, the decision has repercussions for the legal industry and may necessitate that attorneys modify their procedures.
HOW WILL THIS RULING AFFECT THE LEGAL SYSTEM IN INDIA?
The Supreme Court’s decision that only instructing counsel, not senior counsel, may make mentionings before the vacation bench is anticipated to have a substantial impact on India’s legal system. The decision is intended to simplify the procedure and guarantee that only the most crucial cases are heard during the vacation period. The court is emphasising the value of an organised approach to legal representation and the established hierarchy within the profession by restricting senior counsel’s capacity to make mentions before the vacation bench.
The decision also emphasises the importance of having clear norms and good administration to keep the legal system organised and respectful of the established order. By lowering the backlog of cases and ensuring that only the most crucial cases are considered during the holiday time, the decision is anticipated to have a favourable overall effect on the Indian legal system.
WHAT ARE THE NEXT STEPS FOR LAWYERS AND LITIGANTS?
Following the Supreme Court’s decision that only teaching counsel, not senior counsel, may make mentions before the vacation bench, lawyers and plaintiffs must now modify their procedures. To guarantee that the cases of their clients are presented before the vacation bench, attorneys may need to collaborate more closely with instructing counsel. The legal profession’s hierarchical structure and the instructing attorney’s role as the main point of contact with the court during recess may also need to be understood by litigants.
The Supreme Court has also asked senior attorneys to practise “self-restraint” during the break and let junior attorneys take the lead. By lowering the backlog of cases and ensuring that only the most crucial cases are considered during the holiday time, the decision is anticipated to have a favourable overall effect on the Indian legal system.
