Supreme Court issues notice to Centre, BCI, BCD on petition for dedicated welfare fund for SC advocates
Petitioner SCBA wanted 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
The Supreme Court on Wednesday the Centre, the Bar Council of India (BCI), the Bar Council of Delhi (BCD) and the Supreme Court Secretary General on a petition filed by the Supreme Court Bar Association (SCBA) seeking creation of a dedicated welfare fund for advocates practising before the top court.
Noting that creation of such a fund was the “need of the hour”, a Bench led by Justice PS Narasimha asked the respondents to respond to the SCBA’s petition after senior advocate and SCBA President Vikas Singh submitted that there was a statutory gap in the Advocates’ Welfare Fund Act with regard 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,” Singh pointed out.
Referring to the definition of ‘advocate’ under the Act, he said it limited itself to only lawyers registered in the “State roll prepared and maintained by a State Bar Council” or “members of a State Bar Association or State Advocates’ Association” and that the SCBA was completely out.
The petition proposed 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 wanted 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.
The SCBA 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.
“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 every ‘vakalatnama’ 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, Justice Narasimha said.
“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 SCBA submitted.
