Supreme Court Rules 2013: An insight into the changes

Changes have been introduced into the rules according to which the apex court of the country functions. These have come by way of a gazette notification on the new regulations, to be called the Supreme Court Rules, 2013. The notification replaces the SC Rules, 1966.The maximum period for summer vacations has been reduced from ten weeks to seven weeks.A few duties of the Registrar have been transferred to the Secretary General. The Secretary General shall now have the custody of the records of the Court. In the absence of the Secretary General, the functions of the Secretary General may be exercised by the Registrar nominated by the Chief Justice. Official seal will also be kept in the custody of the Secretary General.A proviso has been added to Order IV 1(a) that reads: Provided that an advocate whose name is entered on the roll of any State Bar Council maintained under the Advocates Act. 1961 (25 of 1961) for less than one year shall be entitled to mention matters in Court for the limited purpose of asking for time, date, adjournment and similar such orders, but shall not be entitled to address the Court for the purpose of any effective hearing.Also, for an advocate to be registered on record, the registration fee has been increased from twenty five rupees to two hundred fifty rupees.New rules have been added in Order IV which relates to Advocates. Instructions, for representation by a person other than the Advocate-on-record for a party, will be granted by an advocate-on-record or permitted by the Court.In petitions or appeals received from jail or a matter filed by a party-in- person or where a party-in person as respondent is not represented by an Advocate-on-Record, the Secretary General/Registrar may require the Supreme Court Legal Services Committee to assign an Advocate.The Rules have also defined 'misconduct or conduct unbecoming of an advocate-on-record". It shall include-a) Mere name lending by an advocate-on-record without any further participation in the proceedings of the case;b) Absence of the advocate-on-record from the Court without any justifiable cause when the case is taken up for hearing; andc) Failure to submit appearance slip duly signed by the advocate-on-record of actual appearances in the Court.Another provision has been made in order to safeguard the interests of the parties. A newly designated senior advocate won't be allowed to 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. However, the implementation of such a rule seems very hazy.A few powers of the Registrars have been transferred to a Single Judge. These powers are as listed below: Applications by third parties for return of documents,Applications to appoint or discharge a next friend or guardian of a minor or a person of unsound mind and direct amendment of the record thereon.Applications for consolidation of appeals and writ petitions for purposes hearing, and preparation of record.Issue of fresh summons and notices.Application for amendment of pleadings with the consent of all the appearing parties, or where the other side has not appeared.The Rules also provide for adjudication of cause, appeal or other proceedings arising out of a case in which death sentence has been confirmed or awarded by the High Court to be heard by a Bench consisting of not less than three Judges.Order VII prescribing rules for proceedings by or against minors or persons of unsound mind, also provides for a definition for the same. The explanation states: In this Order, minor means a person who has not attained his majority within the meaning ofsection 3 of the Indian Majority Act, 1875 (9 of 1875) where the appeal, petition or other proceeding relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.As regards serving of application under proceedings against minors or persons of unsound mind, it provides for serving the application on the mother in the absence of the father. The mother was not mentioned in the rules previously. Another change brought about in the rules provides that if the Court deems fit, it could issue notice to the minor as well.The following provision has also been added under Order VII-No decree passed against a minor shall be set aside merely on the ground that the next friend or guardian for the appeal, petition or other proceeding of the minor had an interest in the subject-matter of the appeal, petition or other proceeding adverse 10 that of the minor, hut the fact that by reason of such adverse interest of the next friend or guardian for the appeal, petition or other proceeding, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.The rules also empower the minor...

Supreme Court Rules 2013: An insight into the changes

Apoorva Mandhani

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