Challenge Against Rule For Allotment Of Chamber To Heir Of Lawyer On The Event Of His Death: SC Issues Notice

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice on the writ petition filed by Advocate on Record (AOR) Vishnu Shankar Jain challenging the constitutionality of Rule 7B of the Supreme Court Lawyers Chambers (Allotment and Occupancy) Rules.

It is the petitioner’s case that the Rule, which provides that upon the death of an advocate having a chamber in the Supreme Court, the same shall be allotted to the children or spouse of the deceased if they are practicing in the Supreme Court, is “patently discriminatory” and violative of Article 14 in so far it confers a privilege on the basis of descent.

However, the bench refused to grant an interim stay on the operation of the Rule.

Referring to the notification dated October 31, 2017 specifying the criteria for the Allotment of chambers, the advocate appearing for the petitioner responded to a query in this behalf by the bench submitting, “The notification envisages three categories of advocates- Senior Counsels, AORs and non-AOR Junior Counsels. Even though the petitioner has been an AOR only for one year, he is entitled to be allotted a chamber as a junior advocate”.

Refusing to grant a stay, then bench remarked, “We shall decide the matter finally”.