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SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Gopal Jha - Appellant
Versus
The Hon’ble Supreme Court of India - Respondent
Writ Petition (Civil) Nos. 745, 772, 844, 917, 854, 975, 947, 941, 998, 997, 1063, 1058 & 959 of 2018
Decided On : 25-10-2018
(b) Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Rules 3 and 4 – Allotment of chambers to AOR, non-advocates on record (other advocates) and senior advocates – Suggestion in Para 4 – Block period of 730 days – From last cut-off date in 2004 till September 30, 2018 – Way too off the mark and may have no connection with the active practice requirement of an advocate – Not accepted – Block period fixed from October 01, 2013 to September 30, 2018. (Para 24, 25)
(c) Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Rules 3 and 4 – Allotment of chambers to AOR, non-advocates on record (other advocates) and senior advocates – Suggestion in Para 5 – Allotment as continuous process – Not accepted being a deviation for consistent past practice of inviting applications from time to time whenever lawyers' chambers become available for allotment – Held, applications should be invited at least once in three years. (Para 26)
(d) Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Rules 3 and 4 – Validity of Rule 3 – Objection as to eligibility of members of SCBA only and not SCAORA – Rules and Regulations of SCAORA incorporating Rule 4 of the Rules – Accordingly, unless an advocate is an AOR and also a member of SCBA, he cannot become the member of SCAORA – Not violative of Article 14, Constitution of India – Held petitioners, members of SCORA cannot challenge Rule 3. (Para 35)
(1998) 7 SCC 461 – Relied upon
(2017) 9 SCC 1; (2011) 13 SCC 774; (2003) 2 SCC 45 – Referred
(e) Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Rules 3 and 4 – No fundamental right or any statutory right for allotment of chambers in any court premises – Members of SCBA also entitled to various other privileges like Library, Parking, Canteen, Medical etc. – Held, reason to interfere with the requirement of being a member of SCBA for submitting application for allotment of chambers. (Para 36, 37)
(1998) 7 SCC 461 – Relied upon
(f) Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Rules 3 – Requirement of being residence in Delhi or New Delhi – Need for extending the residence areas to neighbouring states from where many advocates commute daily – It is for Judges' Allotment Committee to take a decision in this regard. (Para 40)
Facts of the case:
The petitioners in these writ petitions are the practicing advocates who also claim that they are regularly practicing and appearing in the Supreme Court. Some of them are advocates on record (AOR), while others do not fall under this category. They are not designated senior advocates either and, therefore, can be put in the category of ‘other advocates’/'non-advocate on record'. All these petitioners are desirous of getting a chamber in the Lawyers Chamber Block in the Supreme Court.
Finding of the Court:
Rule 3 of the Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules is valid.
Requirement of residence in Delhi or New Delhi should be considered by the Judges' Allotment Committee and decision should be taken.
Result: Petitions disposed of.
JUDGMENT :
A.K. Sikri, J.
The petitioners in these writ petitions are the practicing advocates who also claim that they are regularly practicing and appearing in the Supreme Court. Some of them are advocates on record (AOR), while others do not fall under this category. They are not designated senior advocates either and, therefore, can be put in the category of ‘other advocates’/'non-advocate on record'. All these petitioners are desirous of getting a chamber in the Lawyers Chamber Block in the Supreme Court.
2. This Court, on administrative side, has framed Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules (hereinafter referred to as the 'Chamber Allotment Rules') which govern the procedure for allotment of chambers within the compound of Supreme Court. These rules lay down the eligibility criteria for allotment of chambers. In accordance with these rules, the Hon’ble Chief Justice of India (CJI) has also constituted the Judges' Allotment Committee. It comprises of Hon’ble Judges of this Court, nominated by CJI. There is another Committee as well, which is headed by the Attorney General for India and office bearer of the Supreme Court Bar Association (SCBA) as well as Supreme Court Advocate on Record Association (SCAORA). On the basis of recommendations of the Allotment Committee(s), the CJI ordinarily allots chambers to the advocates.
3. In the year 1995, a recommendation was made by the Allotment Committee for allotment of chambers to AOR, non-advocates on record (other advocates) and senior advocates in the ratio of 7:2:1. This recommendation was accepted by the CJI on August 29, 1995. Since then, allotment is made in the aforesaid ratio to the aforesaid three categories of advocates.
4. Relevant Chamber Allotment Rules, with which we are concerned in these petitions, may be reproduced below:
“2. Allotment of Chambers shall be made by a Committee appointed by the Chief Justice of India and all such allotments shall be subject to the approval of the Chief Justice of India.
3. Allotment shall be made to such advocates of the Supreme Court as are members of the Supreme Court Bar Association who regularly practice in the Supreme Court and who reside in Delhi or New Delhi.
4. Allotment of chambers to applicants, who are members of the Supreme Court Bar Association, shall be made in the following order:
(i) Advocates-on-Record who are regularly practising in this Court;
(ii) Non Advocates-on-Record resident in Delhi/New Delhi and who are mainly and regularly practising in this Court; and
(iii) Senior Advocates resident in Delhi/New Delhi and who are mainly and regularly practising in this Court.
Provided, however, that allotment shall be made in accordance with the roster maintained in the following order:
The first four vacancies be allotted to Advocates-on-Record, the fifth vacancy to the Non Advocates-on-record, sixth, seventh and eighth vacancies to Advocates-on-Record, ninth vacancy to the Non-Advocates-on-Record and tenth vacancy to Senior Advocates and the cycle shall be repeated in the above order.
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18. The Chief Justice may in his discretion cancel any allotment where an allottee infringes any condition of allotment or violates any rule governing the allotment or for any other reason.
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20. The allotment shall terminate:
(a) On its cancellation by the Chief Justice of India; or
(b) On its surrender by the allottee concerned; or
(c) On the allottee failing to pay the licence fee and other charges for the two successive months; or
(d) On the allottee ceasing to be a member of the Supreme Court Bar Association; or
(e) On the allottes’ name being removed from the Roll of a State Bar Council; or
(f) On an allottee of a chamber not complying with the orders of the Allotment Committee, as approved by the Hon’ble Chief Justice of India; or
(g) On the death of an allottee; or
(h) On the allottee being elevated to the Be
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