Introduction: The Supreme Court of India has issued a circular, F. No. 57/Judl./2022, dated 22nd August 2023, providing comprehensive guidelines for filing written submissions and compilations before Constitution Benches and in important final hearing cases. This circular aims to streamline the process of presenting legal arguments, documents, and records before the court.
Detailed Subheading-wise Analysis:
- Scope of the Guidelines: The guidelines are designed to apply to final hearings before Constitution Benches and other Benches where there are extensive records and multiple legal representatives. The focus is on creating a structured approach to filing written submissions and common compilations of relevant documents, rules, and precedents. Timelines for oral arguments are also addressed.
- Role of Nodal Counsel: The Bench will nominate nodal counsel, each representing the appellants and respondents. These nodal counsel will play a pivotal role in coordinating with all the lawyers appearing in the case. They will compile and file electronic versions of five indexed volumes containing various materials.
- Volume-wise Compilation: The five volumes that will be submitted in electronic form are as follows:
- Volume I: Written Submissions of Petitioners/Appellants
- Volume II: Written Submissions of Respondents
- Volume III: Compilation of Documents
- Volume IV: Statutory Enactments and Research Material
- Volume V: Precedents
- Content and Arrangement: Each volume must adhere to specific formatting guidelines, such as font type, size, margins, line spacing, pagination, and bookmarking. The volumes must be in PDF format and should be indexed and hyperlinked. The names of the counsel and parties must be highlighted, and foreign cases should be supported by PDF copies.
- Additional Material and Practice Directions: Volumes III, IV, and V will comprise material relied upon by both sides. Any additional written submissions, documents, statutory material, or precedents can be filed only with the court’s permission. The practice directions emphasize formatting requirements for the volumes, ensuring uniformity in appearance and ease of reference.
- Tentative Timelines and Oral Arguments: Advocates and Senior Advocates must communicate their tentative oral argument timelines to the nodal counsel at least five days before the hearing. The nodal counsel will consolidate these timelines for presentation to the Court. The final timelines set by the Court will be followed by all counsel.
Conclusion: The Supreme Court’s circular provides a systematic framework for filing written submissions, documents, and presenting oral arguments in crucial cases. By standardizing the process and maintaining the quality and organization of filed materials, the Court aims to enhance efficiency and facilitate smoother proceedings. Legal professionals and parties involved in Constitution Benches and significant cases will benefit from these comprehensive guidelines.
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SUPREME COURT OF INDIA
New Delhi
Circular No. F. No. 57/Judl./2022 dated 22nd August, 2023
Guidelines for filing written submissions and compilations before Constitution Benches and in important final hearing cases
A. These guidelines will apply to final hearings before Constitution Benches and other Benches involving large records and multiple counsel assisting the Court. The guidelines provide a Standard Operating Procedure for (i) filing soft copies of written submissions and common compilations of documents, rules, and precedents; and (ii) fixing timelines for oral arguments.
B. The Bench would in advance nominate nodal counsel comprising of an Advocate-on-Record / Advocate each–representing the side of the appellants and the respondents.
C. The nodal counsel will coordinate with all lawyers appearing in the case and compile and file in the electronic form five volumes duly indexed as set out below:
i. Volume I — Written Submissions of Petitioners/Appellants
ii. Volume II — Written Submissions of the Respondents:
iii. Volume 111 — Documents:
This Will include pleadings, affidavits and orders which are a part of the record
but compiled for convenience of reference.
iv. Volume IV — Statutory enactments and research material:
This shall comprise of statutes, rules, regulations, legislative debates, report of Commissions and other material such as research articles.
v. Volume V — Precedents
i. The Judgments may he arranged topic-wise or chronologically as decided by the nodal counsel; and
ii. Counsel relying on foreign cases shall provide PDF copies of the decisions relied on by them to the nodal counsel.
iii. Neutral citations should be attached.
Note : (a) Volumes III , IV and V shall comprise of material relied on by both the sides.
(b) Additional written submissions/documents/statutory material/precedents shall only be applied with the permission of the Court.
D. Practice directions on filing formats:
The volumes shall be in the following format:
i. Format: In PDF format only;
ii. Font: Times New Roman, Size — 12.5;
iii. Margins: 2.54 cm on all sides [‘Normal’ setting on MS Word];
iv. Line spacing: 2;
v. Pagination: The running pages and PDF pages must be the same;
vi. The PDF must be bookmarked;
vii. The index must be hyperlinked;
viii. Name of Counsel: The written submissions must highlight the name of the counsel and of the Senior Advocate, if any;
ix. The written submissions must reflect the name of the party for whom they are filed; and
x. if the Court permits the filing of additional material, they shall be given continuous page numbers and filed in the appropriate volume. The documents shall also be indexed and bookmarked accordingly.
E. Tentative timelines.
i. Arguing counsel and Senior Advocates, through their AORs, must inform the nodal counsel about the tentative timelines for their oral arguments at least five days prior to the commencement of the hearing;
ii. The nodal counsel shall prepare and present to the Court a statement of proposed timelines for all counsel; and
III. The Court will finalize and prescribe the timelines for oral arguments. This prescription shall be adhered to by all counsel.
| (Puneet Sehgal)
Registrar (Judi. Administration) |
(Pavanesh D.)
Registrar (Judi. Listing) |
Copy to:-
(1) Supreme Court Bar Association with five spare copies of the circular with a request that the circular may be displayed on the Notice Board of the Bar Association for information to the Members of the Bar.
(2) Supreme Court Advocates-on-Record Association with five spare copies of the circular with a request that the circular may be displayed on the Notice Board of the Association for information to the Members of the Association.
(3) All the Notice Boards
(4) All concerned.
is in NCDRC NEW DELHI WRITTEN ARGUMENT IS SUFFICIENT ???