Nithyakalyani Narayanan. V
In an ongoing case where the Supreme Court is debating whether advocates would fall under the purview of the Consumer Protection Act of 1986, the Supreme Court Advocates-on-Record Association (SCAORA) has made the decision to get involved. A Division Bench of Justices Bela Trivedi and Pankaj Mithal is examining whether the services provided by the lawyers fall under the definition of “service” in Section 2(o) of the Consumer Protection Act.
On February 15, the Court decided that while the Supreme Court is currently deciding over a significant legal matter concerning the inclusion of advocates under the purview of the Consumer Protection Act in Bar of Indian Lawyers Vs. D.K. Gandhi PS National Institute of Communicable Diseases (Civil Appeal No. 002646 of 2009), both the members of the EC and the AoR association are aware of this issue.
The Bar of Indian Lawyers, the appellant, is claiming that a service provider-consumer relationship and an attorney-client relationship are not the same thing.
In order to highlight how this issue affects the advocates who work in courts across the nation, SCAORA has decided to submit an intervention application (IA). SCORA will support the Court in this as well. In light of this, the body representing advocates has also given permission to its Secretary or Joint Secretary to compose the IA and any written contributions pertaining to the case. This portion of the resolution reads as follows:
“Whereas the issue involved in the above matter pertains to the rights and responsibilities of the Advocates practicing in this court as well as other courts across the country and is of great importance touching upon the practice of profession by our members as well as other advocates therefore the members of the executive committee have discussed the same and post consideration have resolved as under:
RESOLVE THAT SCAORA shall file an intervention application in the ongoing matter and further assist the Hon’ble Court in development of law in this respect keeping in mind the interest of the advocates and members of the association.
FURTHER RESOLVES TO authorise the Secretary / Joint Secretary to draft the intervention application and the written submissions and other such pleadings with the information and approval of the EC and further are here by authorised to sign any affidavit in support of the same.”