'Advocate Clerks Reduced To Marginal Players In Legal System': Plea Before Kerala High Court Seeks Their Involvement In E-Filing Procedure

A plea has been moved in the Kerala High Court seeking the inclusion of advocate clerks in the new regime of Electronic Filing Rules for Courts (Kerala), 2021 and digitalised procedures.

Justice N. Nagaresh on Friday admitted the case. 

The petitioner, who is an advocate clerk himself, has alleged that the introduction of e-filing procedure in the Courts across the State has brought in an adverse impact on the fundamental rights of the clerks guaranteed under Article 14, 19 (1) g and 21 of the Constitution.

The primary grievance of the petitioner is that the new procedure is at variance with the existing Rules and contains no defined role for the advocate clerks. 

The plea filed through Advocate P.B. Krishnan also contends that if the new procedure is implemented, as proposed, the advocate clerk will be reduced to a marginal player in the legal system.

Nevertheless, the petition does not challenge the digitisation of the filing process or seek a limit on the use of technology to improve the justice delivery system. 

On the contrary, the plea only seeks that the advocate clerks be given a defined role in the new regime. 

"The Petitioner is keen on a continuance of the existing filing procedures and presentation of papers/records including electronic records and files through an Advocate clerk even after the implementation of the E filing Rules. The grievance of the Petitioner is limited to the exclusion of the Advocate clerks in the new regime," reads the petition. 

It has also been pointed out that the means of livelihood of almost 10,000 advocate clerks and their role in the judicial system are being taken away by the present method of implementation of digitization. 

The petitioner also pointed out that the present system of implementation of the e-filing sidelines advocate clerks from the judicial system, who have been rendering valuable assistance to the same ever since the beginning of the legal profession.

"The Advocate Clerks form an integral part of the administration of justice and the smooth functioning of the courts in the subordinate judiciary require the services of Advocate clerks. Advocates' clerks play a vital part in the relationship between the bar and bench. The present system of implementation of the e-filing purports to sideline the Advocate clerks from the judicial system," the petition further reads. 

The plea goes on to suggest how the grievance can be redressed. It has been proposed that the present system of the e-filing process may be modified to cater to the adequate role of an Advocate clerk, perhaps by recognizing them as e-filers.

It has also indicated that the soft skills of the Advocate clerks have to be improved. Sufficient staff can be deputed at every court centre with a kiosk for uploading the documents and filing of cases, the plea suggests.

Advocate clerks can get the documents filed through the said kiosks. The personnel at the kiosks can upload and file the same through the said facility. In such a situation, the role of an Advocate and an Advocate clerk will move forward as it existed till now, thereby facilitating the smooth functioning of the e-filing system.

Further, it has been pointed out that advocate clerks are necessary to avoid the delay in filing, curing the defects and to ensure that the cases are re-presented before the various courts without any delay.

If such works are also to be undertaken online by the Advocates by going back to their offices, there is every likelihood of delay in the administration of justice, the plea contends. 

On these grounds, the petitioner has sought a declaration that the Electronic Filing Rules for Courts to the extent it excludes the registered clerks of an Advocate from the definition of an E-Filer in Rule 2 (j) thereof is unconstitutional

The petitioner has also prayed for an interim relief of permitting registered clerks of an Advocate to discharge all functions permitted under Rule 10 of the Advocate Clerks Rules, Rule 29 of Civil Rules of Practice and Rule 32 of High Court of Kerala Rules pending disposal of the petition.

Case Title: Prathap P. v. State of Kerala