SCBA “saddened” by unilateral formulation of Supreme Court Rules; Meets CJI, seeks deferment of implementation

The office bearers of the Executive Committee of the Supreme Court Bar Association (SCBA) has met the Chief Justice of India, RM Lodha and sought deferment of the implementation of the Supreme Court Rules, 2013 citing failure to solicit views of the Bar. According to the circular published on the SCBA website, the meeting took place on July 25 when a resolution passed by the Executive Committee on July 24 was also submitted to the CJI..As per the resolution,.“The Executive Committee is saddened that Supreme Court Rules-2013 have been made without inviting any suggestions or even views whatsoever either from the members of the Supreme Court Bar Association or even with the 21 elected representatives of the Supreme Court bar Association. In fact, for the purpose of Article 145, when the rules are framed, the Supreme Court must include both Bar practicing in Supreme Court and the Supreme Court Bench since large number of amendments made directly affect the members of the bar as well as litigants. It is also contrary to the normal comity between the Bench and Bar.” .The resolution states that it is inherent in Article 145 of the Constitution that effective and appropriate consultation with the members of the Bar should be made before sending the Rules for the President’s assent. It also expresses concern that “the new Rules will substantially change the situation existing for several decades and will have wide ramifications for the administration of justice.”.The SCBA has requested the members to send their suggestions and inputs on the Rules before August 5, 2014 so that the same could be compiled and placed before the Bench for its consideration..The new Supreme Court Rules, 2013 had brought about many significant changes to the existing rules including reducing the maximum period of summer vacation from ten weeks to seven weeks..Copy of the SCBA circular and Resolution are given below.