A Public Interest Litigation has been filed by the Supreme Court Bar Clerks’ Association (SCBCA/ Petitioner) seeking enactment of law for the implementation of social security measures for advocates’ clerks..A Bench presided by Chief Justice HL Dattu issued notice to the Centre, States and the Bar Council of India (BCI) in the matter. Senior advocate Dushyant Dave appeared for the SCBCA..In the article 32 Petition drawn by advocates Mohan V Katarki and Deepak Prakash and settled by Senior advocate Raju Ramachandran, the SCBCA has contended that advocates’ clerks have a fundamental right to social security as a part of right to life guaranteed by Article 21 of the Constitution. The petition states that,.“Advocates’ clerks are part of the justice delivery system which is a sovereign function of the State in India. Being a part of the justice delivery system, the status of clerks is more than mere employees of the Advocates.The petitioners submit that the clerks toil day and night to assist the Advocates in the service of clients. The clerk communicates the intricacies of procedure to the litigants. He works 24×7 hours without any holidays or leave benefits, since the demands of the work are such that clerks cannot afford to remain absent. The litigants often find more solace in the words of Advocate’s clerk. Some Advocates’ clerks on acquiring law degrees have gone on to become Advocates. Few have made it to the Bench which is matter of pride.”.Contending that the service conditions of clerks are not regulated by any law in India and that the Centre and States have overlooked and neglected their plight, the SCBCA has sought for law for the effective implementation of social security measures including compensation on death or disability, payment of pension, payment of medical benefits etc..As per the petition,.“Even though some clerks in the legal sector are generously paid by the Advocates and litigants, but this generosity is not a substitute for the social security benefits as a legal entitlement.Social security measures instil sense of dignity and security in the Clerks and their dependents which goes a long way in contributing to the efficiency in justice delivery system…”.The petition states that though a few States have implemented such measures including Andhra Pradesh, Kerala, West Bengal, Orissa and Tamil Nadu, “the benefits granted are not uniform and are not fully in tune with Article 21 of the Constitution.”.The SCBCA has, therefore, sought for a declaration that Article 21 guarantees rights to social security measures to advocates’ clerks and has also sought for a direction to the Central government to enact a framework law for the implementation of such rights. The Petitioner has, further, sought for a direction to the States to establish an Advocates’ Clerks Welfare Fund in accordance with the proposed framework legislation..The Court, sans a lengthy hearing, issued notice to the Centre, States and the BCI.
A Public Interest Litigation has been filed by the Supreme Court Bar Clerks’ Association (SCBCA/ Petitioner) seeking enactment of law for the implementation of social security measures for advocates’ clerks..A Bench presided by Chief Justice HL Dattu issued notice to the Centre, States and the Bar Council of India (BCI) in the matter. Senior advocate Dushyant Dave appeared for the SCBCA..In the article 32 Petition drawn by advocates Mohan V Katarki and Deepak Prakash and settled by Senior advocate Raju Ramachandran, the SCBCA has contended that advocates’ clerks have a fundamental right to social security as a part of right to life guaranteed by Article 21 of the Constitution. The petition states that,.“Advocates’ clerks are part of the justice delivery system which is a sovereign function of the State in India. Being a part of the justice delivery system, the status of clerks is more than mere employees of the Advocates.The petitioners submit that the clerks toil day and night to assist the Advocates in the service of clients. The clerk communicates the intricacies of procedure to the litigants. He works 24×7 hours without any holidays or leave benefits, since the demands of the work are such that clerks cannot afford to remain absent. The litigants often find more solace in the words of Advocate’s clerk. Some Advocates’ clerks on acquiring law degrees have gone on to become Advocates. Few have made it to the Bench which is matter of pride.”.Contending that the service conditions of clerks are not regulated by any law in India and that the Centre and States have overlooked and neglected their plight, the SCBCA has sought for law for the effective implementation of social security measures including compensation on death or disability, payment of pension, payment of medical benefits etc..As per the petition,.“Even though some clerks in the legal sector are generously paid by the Advocates and litigants, but this generosity is not a substitute for the social security benefits as a legal entitlement.Social security measures instil sense of dignity and security in the Clerks and their dependents which goes a long way in contributing to the efficiency in justice delivery system…”.The petition states that though a few States have implemented such measures including Andhra Pradesh, Kerala, West Bengal, Orissa and Tamil Nadu, “the benefits granted are not uniform and are not fully in tune with Article 21 of the Constitution.”.The SCBCA has, therefore, sought for a declaration that Article 21 guarantees rights to social security measures to advocates’ clerks and has also sought for a direction to the Central government to enact a framework law for the implementation of such rights. The Petitioner has, further, sought for a direction to the States to establish an Advocates’ Clerks Welfare Fund in accordance with the proposed framework legislation..The Court, sans a lengthy hearing, issued notice to the Centre, States and the BCI.