NEW DELHI: The Supreme Court on Wednesday sought responses from the Centre and bar bodies including the Bar Council of India on a petition filed by the Supreme Court Bar Association (SCBA) seeking the creation of a dedicated welfare fund for advocates appearing before the apex court.
A bench of Justices P S Narasimha and Alok Aradhe also issued notice to the Bar Council of Delhi (BCD) and the Secretary General of the Supreme Court besides the Centre and the Bar Council of India (BCI) on the plea saying that the creation of such a fund is the "need of the hour".
Senior advocate and SCBA President Vikas Singh, representing the apex court's bar body, argued that there was a statutory gap in the Advocates' Welfare Fund Act when it came to extending benefits to Supreme Court lawyers.
"In the Advocate Welfare Fund Act, there is a reference to Vakalatnama in the Supreme Court but the money will go to the Delhi Bar Council," he said.
He referred to the definition of 'advocate' under the Act, which limits itself to those lawyers who are registered in the "State roll prepared and maintained by a State Bar Council" or "members of a State Bar Association or State Advocates' Association."
"SCBA is completely out," he said.
The petition seeks to amend the Supreme Court Rules to insert a proposed 'Rule 15A' to meet this lacuna, as well as to amend the definition clause and Schedule III of the Rules.
Justice Narasimha said, "Supreme Court rule 15A, something can be done. Definitely the need of the hour."
Section 27 of the Advocates' Welfare Fund Act mandates every advocate to affix welfare stamps on vakalatnamas filed before every court, including the Supreme Court. The proceeds from these stamps go to the respective state bar council welfare funds.
Proceeds from the Supreme Court vakalatnama go to the Delhi Bar Council Welfare Fund, leaving SCBA members without a safety net.
The petition elaborates on this as it says, "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 petition also proposes the creation of an SCBA Welfare Fund managed by a committee headed by the Chief Justice of India or a nominee judge to ensure fiduciary integrity and transparency.
It also proposes a mandatory Rs 500 "Lawyers Welfare Stamp" on every vakalatnama filed before the Supreme Court, whose proceeds will be earmarked for the SCBA Welfare Fund exclusively.