The Supreme Court on Wednesday issued notice on a writ petition filed by the Supreme Court Bar Association (SCBA) under Article 32 seeking the creation of a dedicated welfare fund for advocates practising before the apex court, highlighting a “statutory vacuum” under the existing Advocates Welfare Fund Act.

Appearing before the Court, counsel for the SCBA submitted that the present statutory framework fails to adequately cover Supreme Court practitioners. Drawing attention to the scheme of the Act, it was argued that although there is a reference to vakalatnamas filed in the Supreme Court, the welfare contributions ultimately flow to the Delhi State Bar Council, leaving Supreme Court advocates without a distinct institutional mechanism.

The petitioner pointed out that the definition of “advocate” under the Act is tied to enrolment with State Bar Councils and membership of State Bar Associations, effectively excluding the unique position of Supreme Court practitioners.

“There is a statutory vacuum… Supreme Court advocates, as a class, are not properly accommodated within the framework of the Welfare Fund Act,” it was submitted.

The Court was further informed that many Supreme Court lawyers have enrolments across different State Bar Councils, creating additional complications in accessing welfare benefits. It was argued that bringing the SCBA within the existing statutory scheme would require recognition by the Delhi State Bar Council, which may not be feasible within the current structure.

In this backdrop, the SCBA suggested that the issue may instead be addressed through amendments or provisions under the Supreme Court Rules, enabling the creation of a separate welfare mechanism for apex court advocates.

Emphasising the urgency of the plea, counsel submitted that the absence of a dedicated fund forces reliance on ad hoc financial assistance in times of need.

“Every time something happens, we have to depend on voluntary contributions. That cannot be a sustainable model,” the Court was told.

The Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe acknowledged the submissions and issued notice on the petition, making it returnable in two weeks. Liberty was also granted to the petitioner to carry out minor corrections in the plea.