[SCBA Land Allotment] Supreme Court Says Can't Use Judicial Powers To Expand Our Own Institution, Expresses Inclination To Take Up With Govt On Administrative Side

The Supreme Court today expressed its disinclination to pass judicial orders for converting a land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers. The bench comprising CJI DY Chandrachud, Justice SK Kaul and Justice PV Narasimha however expressed its inclination to take up the issue with the government on administrative side.

CJI said that passing directions on judicial side for expanding the bar, which is a part of its institution, may not sit well.

"Lawyers are a part of us. It's a part of our institution. If we use our judicial orders, it's a message- look what is the Supreme Court doing. You're taking judicial powers and using it for your expansion. Today it is land, tomorrow it will be something else..." the CJI said.

He told SCBA President Vikas Singh that if the matter is put across administratively, the government will definitely look into it.

"We can take it up with the government administratively. This has been the old tradition of judiciary in our country. CJI who represents the institution, we engage with the government, we say look our needs for future are expanding...The government does engage with us on the administrative side. For example, for E-courts project the government allotted us 7000 crores because they said you need it."

Singh however expressed his reservations to the suggestion, stating that the Bar and other stakeholders will not be a part of such administrative consultation. He submitted that the Delhi High Court had taken over some land for its expansion and urged the SC to adopt a similar approach.

However, Justice Kaul said that expansion was done based on an administrative decision by the government.

Singh then informed the bench that even if they get the whole land, they will only get 600 chambers whereas about 1500 lawyers are in the waiting list.

"You have informed us of this. We understand that the bar has its need. We're not saying you don't need it," CJI told Singh.

During the hearing, SCAORA also sought to be a part of the proceedings, stating that several AORs are also in need of chambers. Senior Advocate Meenakshi Arora appearing for the body urged, "as and when you decide this issue and see if more land is to be allotted, please implead us...there is a requirement that AORs need to have chambers within 6 kms of court. 800 AORs are entitled for chambers. AORs itself represents a body which is very integral."

BCI Chairperson Manan Kumar Mishra also sought to be engaged in the matter stating, "The bar council has no place to accommodate. They have to wait in sun, in rain. Then there is legal education programme. We have to train at home. We have no place- no seminars..." Singh however opposed BCI's request.

"There are 25 lakh members across country. 7 lakh pending appeals. We're not meeting. This is the situation because of lack of place," BCI's Vice-Chairman S. Prabakaran claimed.

The Attorney General for India R. Venkataramani, when asked for his opinions, also expressed his inclination towards taking up the issue on an administrative side and said that the flexibility of administrative side may be beneficial in the matter. He added–

"On the judicial side, I may lose the capacity to be a neutral mediator."

While reserving the orders, the bench said –

"We'll reflect on this. We'll take some time to deliberate and then decide. We'll close this for orders now."

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