CADRE OF AOR IS 'ULTRA VIRES' THE CONSTITUTION OF INDIA

1. ‘FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’
( FITALP)
(Established: 28th
Day of September, 2009)
Supreme Court of India Premises, Tilak Marg, New Delhi-110001 (India)
Most Urgent
Ajay Pratap Sharma
013, Satya Marg
Advocate, Supreme Court of India
ChanakyaPuri,
President, FITALP
New Delhi-110021
Life Member : Bar Association of India
Senior Member : Delhi High Court Bar Association
Member : Indian Society of International Law
Member : Supreme Court Bar Association
No. FITALP / 1 Dated: August 25, 2014,
Hon’ble Mr. Justice RM Lodha
Chief Justice of India (Administrative Jurisdiction)
& Chairman, Committee for Amendment of the Supreme Court Rules
Supreme Court of India
New Delhi
Hon’ble Sir,
1. As the Hon’ble CJI is well aware that the Forum was established in 2009 with its Aims and
Objects of bringing Integrity, Transparency & Accountability in the Legal Profession- which
are equally applicable for the Bench and the Bar.
FITALPFITALP

2. 2. That, the Forum had taken a very bold step in putting up proposal for Abolition of the cadre
of AOR on 7.12.2009 with full Justification within three months of its establishment as the
Forum felt that, the main Aim and Object of the whole Judicial System in India is to provide
Speedy, Fair, Honest, Impartial & Inexpensive Justice to the Common Man - “WE, THE
PEOPLE OF INDIA”. To achieve the same, Transparent, Honest, Accountable & Impartial
discharging of duties and functions- both by the Bench and the Bar without forgetting their
Social Obligations towards the COMMON MAN, is Essentially required. But, in practical
life, an Ordinary Man is completely Ruined and Broken on reaching the Hon’ble Supreme
Court of India- where Monopoly of AORs had been created and the Common Man cannot
have Advocate of his choice but, is Compelled to accept All Conditions of AORs regarding
engagement of Senior Advocate of AOR’s choice on Payment of Unbelievable Huge Fee in
Lacs of rupees - in Violation of the Fee prescribed under the Supreme Court Rules. The
Advocacy is Completely Commercialised. The Miseries of the COMMON MAN are
Calling-Upon the Hon’ble Supreme Court of India to abolish the cadre of AOR. Copy of the
Proposal for Abolition of the cadre of AOR is enclosed for ready reference.
3. In this connection kind attention of Hon’ble CJI is also invited to my letters of even no.
dated 15.4.2014, 31.3.2014 and 1.3.2014 addressed to Hon’ble Mr. Justice P Sathasivam,
CJI and Chairman, Committee for Amendment of the Supreme Court Rules with copy to
Hon’ble Mr. Justice RM Lodha, the contents whereof are not being repeated for the sake of
brevity. However, copy of the said letters are enclosed for ready reference.
4. In Para 3 of its letter dated 1.3.2014, the FORUM also brought out facts regarding its
Impleadment as an Intervenor and submission of 5 Petitions in I.A No. 2 of 2009 in SLP(C)
No. 18481 / 2009, before the Bench Presided over by Hon’ble Mr. Justice RV Raveendran.
The FORUM had emphasized it its five Petitions, strong and valid grounds for Abolition of
the cadre of AOR as the provisions relating to AOR in the Supreme Court Rules are ‘
Ultra- Vires’ Article 145 of the Constitution of India which provides that the Rules
framed under Article 145 of the Constitution of India shall not be in violation of any Law
made by Parliament but, Supreme Court Rules regarding AOR clearly Violate Sections 29
and 30 of the Advocates Act, 1961 and also that the AORs are openly Defying the
Provisions of the Supreme Court Rules because it is not practically possible for around 100
AORs to attend around one Lac pending Supreme Court Cases besides fresh cases. The
Supreme Court Rules relating to AOR are Discriminatory and in violation of Article 14 of
the Constitution of India but, the Supreme Court Bench referred the matter on 12.10.2011 to
the Supreme Court Rules Committee headed by the Hon’ble CJI to consider the Entire Issue
so that “..the Committee can take note of the same while formulating new or additional
Rules or while suggesting amendments to the existing Rules.” .
5. In the last paragraph of the said letter of the FORUM dated 1.3.2014, the Hon’ble CJI was
“…requested to kindly convene a meeting of the Supreme Court Committee for Amendment
of Rules on Priority and Abolish the cadre of AOR- which is ‘ultra- vires’ the Constitution
of India, in the larger interest of the Common Man- ‘ WE- The People of India’ and also for
healthy growth of Advocacy, during his tenure as CJI.”
6. The FORUM could know that the Supreme Court Rules have been amended with the
Approval of the President of India and the same would come into Force wef 19.8.2014 but
was dejected to note that its Recommendation to Abolish the Cadre of AOR was not
accepted although Cadre of AOR is ‘Ultra- Vires’ the Article 145 of the Constitution of
India, Impractical and is Openly resulting in Defiance of the Supreme Court Rules.

3. However, the Amended Rules brought out Provisions regarding Misconduct of Advocates
on Record, which would go a long way to Minimise the Miseries of The Common Man- ‘
WE- The People of India’ and will Establish Rule of Law by Enforcing Supreme Court
Rules but the Provisions are totally Impractical as the mere strength of 100 active AORs
Cannot be expected to Avoid the Misconduct as provided in the Amended Supreme Court
Rules. The Only Constitutional, Legal, and Judicious Option is to ABOLISH THE CADRE
OF AOR, which will provide Relief to The Common Man- ‘ WE- The People of India’ to
engage an Advocate of his choice as per his financial capacity and will also result in
Enforcement of Sections 29 & 30 of the Advocates Act as required under Article 145 of the
e Constitution of India. It was Noticed that the EC of SCBA which is being manned by Sr.
Advocates and AORs have also Pleaded in their various Petitions to the Hon;ble CJI- which
have become part of WP (C) no. 755/2014, that “..The SCBA requests this Hon’ble Court
to take a relook at the system of Advocates-on-Record and to either Disband the same
Completely or to make certain changes in the SC Rules so as to acknowledge Non-
Advocates-on-Record …”
7. The FORUM therefore requests the ‘Committee for Amendments of the Supreme
Court Rules’ Presided over by the Hon’ble CJI to recommend further Amendment of
Supreme Court Rules providing for Abolition of the AOR Cadre as the SCBA is also
agitating vehemently on the proposal which Provides for MISCONDUCT of AORs
especially when the FORUM also feels that the same is Impractical and the Only
Constitutional, Legal, and Judicious Option is to ABOLISH THE CADRE OF AOR.
8. The FORUM, being bound by its Aims and Objects, is hesitatingly placing on Record
that when the Supreme Court Rules as Approved by the President of India had come
into Force wef 19.8.2014, Staying any part of the same by the Hon’ble CJI in the
Administrative Capacity does not seem to be correct and especially when a Writ
Petition was already Filed Before the Hon’ble Supreme Court of India and the Matter
had become ‘Sub-Judice’. Accordingly, the Hon’ble CJI is requested to review his
Administrative decision and to immediately Recall the same with the Direction that the
SCBA should Approach the concerned Bench of the Hon’ble Supreme Court where the
Writ Petition filed by SCBA is Pending, for any Relief whatsoever .
.
(AJAY PRATAP SHARMA)
Copy forwarded for necessary action to:-
1. Hon’ble Sri Pranab Mukherjee, President of India.
2. Hon’ble Mr. Justice HL Dattu, Hon’ble Mr. Justice TS Thakur, Hon’ble Mr.
Justice JS Khehar- Hon’ble Members, Supreme Court Rules Committee.

4. (AJAY PRATAP
SHARMA)