Advocates’ Welfare Fund: Apex Court Seeks Responses

In a significant move aimed at addressing the welfare concerns of lawyers practicing at the highest level, the Supreme Court on Wednesday sought responses from the Centre and key bar bodies, including the Bar Council of India, on a petition filed by the Supreme Court Bar Association. The plea calls for the creation of a dedicated welfare fund specifically for advocates appearing before the apex court.

A bench comprising Justice P S Narasimha and Justice Alok Aradhe issued notices not only to the Centre and the BCI but also to the Bar Council of Delhi and the Secretary General of the Supreme Court. The bench observed that establishing such a welfare mechanism is the “need of the hour,” highlighting the urgency of addressing gaps in the existing legal framework.

Appearing for the SCBA, senior advocate and its president Vikas Singh argued that there exists a significant statutory lacuna in the Advocates Welfare Fund Act when it comes to extending benefits to lawyers practicing in the Supreme Court. He pointed out that while the Act makes a reference to vakalatnamas filed in the Supreme Court, the proceeds from welfare stamps affixed on such documents are directed to the Delhi Bar Council, rather than benefiting SCBA members.

Singh further elaborated that the definition of “advocate” under the Act is restrictive, as it applies only to lawyers enrolled in a State Bar Council or those who are members of State Bar Associations. As a result, the SCBA, which represents advocates practicing primarily in the Supreme Court, remains excluded from the welfare framework envisioned under the statute.

To address this gap, the petition proposes amendments to the Supreme Court Rules, including the insertion of a new provision—Rule 15A—as well as changes to the definition clause and Schedule III. Justice Narasimha acknowledged the proposal, stating that such a provision could indeed be introduced and reiterating that the issue warrants immediate attention.

Under Section 27 of the Advocates Welfare Fund Act, every advocate is required to affix welfare stamps on vakalatnamas filed before courts, including the Supreme Court. However, the funds collected through these stamps are routed to the respective State Bar Councils. In the case of the Supreme Court, these proceeds go to the Delhi Bar Council Welfare Fund, leaving SCBA members without direct access to a dedicated safety net.

The petition highlights that this arrangement creates a disparity, as many Supreme Court practitioners are often detached from their parent State Bar Councils and therefore unable to avail local welfare schemes. This leaves them vulnerable during medical emergencies or unforeseen hardships.

To remedy this, the SCBA has proposed the establishment of a separate welfare fund managed by a committee headed by the Chief Justice of India or a nominee judge, ensuring transparency and accountability. Additionally, it suggests the introduction of a mandatory ₹500 “Lawyers Welfare Stamp” on every vakalatnama filed in the Supreme Court, with the proceeds exclusively earmarked for the SCBA Welfare Fund.

The case now awaits responses from the concerned authorities, and its outcome could have far-reaching implications for the welfare and financial security of advocates practicing in the country’s highest court

📌 Follow us on YouTube, Instagram, and Twitter for more updates.