'Need Of The Hour' : Supreme Court Issues Notice On SCBA Plea To Create Dedicated Welfare Fund For SC Advocates

The Supreme Court today issued notice on a writ petition filed by the Supreme Court Bar Assocaition seeking the creation of a dedicated welfare fund for advocates practicing before the Supreme Court. A bench of Justice PS Narasimha and Justice Alok Aradhe issued notice to the Supreme Court on its administrative side, the Union of India, the Bar Council of India and the Bar Council of Delhi.SCBA President Vikas Singh, Senior Advocate, submitted that there was a statutory vacuum. "In the Advocate Welfare Fund Act there is a reference to vakalatnama in Supreme Court but the money will go to the Delhi Bar Council. SCBA is completely out in the Act," Singh submitted."SC Rule 15A... something can be done. It is the need of the hour," Justice Narasimha observe. Background The present writ petition has been filed by the Supreme Court Bar Association seeking the creation of a dedicated welfare mechanism for advocates practicing before the Supreme Court. The petition raises issues concerning the absence of a Supreme Court-specific welfare fund framework despite the existence of welfare stamp regimes in several States under the Advocates' Welfare Fund Act, 2001. Section 27 of the 2001 Act mandates affixation of welfare stamps on vakalatnamas filed before courts including the Supreme Court. However, the proceeds from such stamps are credited to State Bar Council welfare funds and are not earmarked for the benefit of Supreme Court Bar Association members. “while various State Bar Councils have implemented 'Welfare Stamp' regimes under the Advocates' Welfare Fund Act, 2001, no such mandatory mechanism exists within the Supreme Court Rules, 2013 specifically for the SCBA Welfare Fund. This creates a disparity where practitioners at the Apex Court, often detached from their parent State Bar Council's local welfare schemes, are left without a safety net during medical emergencies or unforeseen hardships”, the plea states. The petition seeks directions for amendment of the Supreme Court Rules, 2013, including insertion of a proposed Rule 15A and changes to the definition clause and Schedule III, to mandate a ₹500 lawyers' welfare stamp on every vakalatnama filed before the Court. It proposes that the resulting corpus be administered by a high-powered welfare fund management committee under the aegis of the Chief Justice of India or a nominee judge, along with office bearers of the SCBA and nominated senior advocates. The SCBA argues that the present statutory framework creates a legislative vacuum and violates Articles 14, 19(1)(g), and 21 by failing to provide adequate social security SCBA members who constitute a distinct and specialized professional class engaged in pan-India practice. “While various State Acts exist, the absence of a dedicated 'Welfare Stamp' system within the Supreme Court Rules for its members results in a lack of adequate social security, thereby violating the spirit of Article 14, Article 21, and Article 19(1)(g) of the Constitution of India”, the plea states. The plea further adds, “The absence of a Supreme Court specific welfare framework has led to structural disconnect between contribution and beneficiary class, lack of centralized social security for these set of practitioners, absence of transparent accounting of stamp revenue generated from Supreme Court filings, and inadequate welfare coverage for medical emergencies, disability, life insurance and unforeseen hardships.” The plea highlights practical difficulties faced by advocates during medical emergencies, periods of reduced filings, and contingencies such as the COVID-19 pandemic, stating that the absence of a structured apex-level welfare corpus has led to reliance on ad hoc assistance within the Bar. It also cites Law Commission Report No. 266 and proposals for a centralised welfare architecture for advocates as part of broader reforms concerning regulation of the legal profession.The petition seeks a declaration that the reference to the “Supreme Court” in Section 27(1)(b), its provisos and Section 27(4) of the Advocates' Welfare Fund Act, 2001 is unconstitutional as violative of Articles 14 and 21, along with a direction that no welfare stamp under the Act be required on vakalatnamas filed before the Supreme Court. A similar declaration has been sought against the reference to the Supreme Court in Rule 21 of the Delhi Advocates' Welfare Fund Rules, 2001 (as amended in 2019). The petition further seeks directions to amend the Supreme Court Rules, 2013 by inserting a definition of “Advocates Welfare Stamp” and by mandating affixation of such a stamp at ₹100 or such amount as the Court deems fit on every vakalatnama filed before the Court. The petition seeks that proceeds from welfare stamps affixed on vakalatnamas in the Supreme Court be earmarked and deposited exclusively into a dedicated SCBA members' Welfare Fund. Pending disposal of the petition, the...

'Need Of The Hour' : Supreme Court Issues Notice On SCBA Plea To Create Dedicated Welfare Fund For SC Advocates

Amisha Shrivastava

The petition seeks that proceeds from welfare stamps affixed on vakalatnamas in the Supreme Court be deposited exclusively into a dedicated SCBA members' Welfare Fund.

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