The Supreme Court has agreed to examine a plea by the SCBA seeking a dedicated welfare fund for advocates practicing in the Apex Court. The Court observed that such a fund is “the need of the hour” and issued notice to the Centre and Bar Councils.
The Supreme Court on Wednesday agreed to examine a plea filed by the Supreme Court Bar Association seeking the creation of a separate welfare fund for advocates who practice in the Supreme Court. The case is titled Supreme Court Bar Association versus Supreme Court of India.
A Bench of Justices PS Narasimha and Alok Aradhe issued notice in the matter and orally observed that such a fund is necessary in present times and important for the welfare of lawyers practicing before the Apex Court. The Court has asked for responses from the Supreme Court through its Secretary General, the Central Government, the Bar Council of India and the Bar Council of Delhi.
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During the hearing, Senior Advocate Vikas Singh appeared for the Supreme Court Bar Association and explained the problem faced by Supreme Court lawyers under the existing welfare system. He submitted that there is a gap in the Advocates’ Welfare Fund Act when it comes to giving welfare benefits to lawyers practicing in the Supreme Court.
He pointed out that the current law connects welfare benefits with State Bar Councils, which creates a problem for Supreme Court advocates. He specifically referred to the vakalatnama system and explained the financial structure under the Act.
He told the Court,
”Just have a look at the Act. There is a reference to the Vakalarnama in Supreme Court. But The money will go to the Delhi Bar Council,” he submitted. He further explained that as per the definition of “advocate” under the Act, membership of a State Bar Association is required, and because of this, many Supreme Court Bar Association members are not properly covered under welfare schemes. Explaining this issue, Singh told the Court, “SCBA is completely out,”
Singh explained.
After hearing the submissions, Justice PS Narasimha also agreed that there is a gap in the system and said that the Supreme Court Bar Association does not have an independent legal standing under the present welfare structure, but changes can be made through the Supreme Court Rules.
He orally observed,
“It doesn’t have standing on its own. Supreme Court rule 15A, something can be done. Definitely the need of the hour.”
The petition filed by the Supreme Court Bar Association highlights the need for a proper and structured welfare system for lawyers practicing in the Supreme Court. The petition explains that the Advocates’ Welfare Fund Act, 2001 works mainly through State Bar Councils, and because of this system, many Supreme Court lawyers do not get proper welfare coverage.
The petition states that this creates inequality and leaves many lawyers without financial support during difficult times such as medical emergencies or sudden hardships.
The petition clearly states,
“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 plea has also asked for changes in the Supreme Court Rules, 2013 to solve this issue permanently. The petition has requested the Court to insert Rule 15A and make changes in the definition clause and Schedule III of the Rules.
It has also proposed that a mandatory welfare stamp of ₹500 should be placed on every vakalatnama filed in the Supreme Court and the money collected should be used to create a separate welfare fund for Supreme Court lawyers. As per the proposal, this fund should be managed by a committee headed by the Chief Justice of India or a nominee to ensure transparency and proper use of funds.
The petition further states that this system will ensure financial transparency and accountability and will convert the present system from a charity-based system into a proper rights-based social security system for lawyers. The petition explains that this will provide financial protection and support to lawyers practicing in the Supreme Court. The petition has been filed through advocate Pragya Bhaghel.
This case is important because it raises a larger issue about the welfare and financial security of advocates practicing in the Supreme Court of India. The Supreme Court has now issued notice and the matter will be heard after responses are filed by the concerned authorities.
The decision in this case may lead to important changes in the welfare structure for lawyers practicing in the Apex Court of India and may result in the creation of a dedicated welfare fund specifically for Supreme Court advocates.
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