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IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)


WRIT PETITION (CIVIL) NO.______OF 2014
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
THE SUPREME COURT
BAR CLERKS ASSOCIATION (Regd.)

PETITIONERS

RESPONDENTS

VERSUS
UNION OF INDIA AND ORS.

With
IA No.

OF 2014

AN APPLICATION FOR EXEMPTION FROM FILING


OFFICIAL TRANSLATION.

PAPER BOOK
(KINDLY SEE INDEX INSIDE)

ADVOCATE FOR THE PETITIONERS: MS. USHA NANDINI V.

INDEX
SL.
NO.

PARTICULARS

PAGES

1.

Listing Performa

A A2

2.

Synopsis & List of Dates

BG

3.

Writ Petition with Affidavit.

1 23

4.

Appendix

24 26

Relevant portion of the constitution


of India Art. 14, 19 and 21.
5.

ANNEXURE P-1

27 29

A true copy of the representation to the


Honble Chief Justice of India dated
11.11.2013.
6.

ANNEXURE P-2

30 32

A true copy of the representation to the


Honble
Labour
Minister
dated
25.11.2013.
7.

ANNEXURE P-3

33

A true copy of the letter dated


06.02.2014 from the Ministry of Labour
and Employment of Government of India.
8.

ANNEXURE P-4

34

A true Copy of the Certificate of


Registration of The Supreme Court
Bar Clerks Association (Regd.)
dated 23.12.1968.
9.

ANNEXURE P-5

35 50

True copy of the memorandum &


Rules of the SCBCA dated NIL.
10.

ANNEXURE P-6

51 67

A true copy of the list of the names of


the members of SCBCA dated NIL.
2

11.

ANNEXURE P-7

68 86

A true copy of the Andhra Pradesh


Gazette notification dated 27.04.1992.
12.

ANNEXURE P-8

87 110

A True copy of the Andhra Pradesh


Gazettee dated 16.10.1992
13.

ANNEXURE P-9

111 136

A true copy of the West Bengal


Gazette notification dated 16.04.1997.

14.

ANNEXURE P-10

137 158

A true copy of the Tamil Nadu Gazette


notification dated 17.06.1999.

15.

ANNEXURE P-11

159 180

A true copy of the Kerala Gazette


notification dated 26.08.2003.
16.

ANNEXURE P-12

181 193

A true copy of the Orissa Gazette


notification dated 04.02.2009.
17.

IA No.

OF 2014

194 196

An application for exemption from


filing official translation.
18.

Affidavit

197

19.

Letter

198

PROFORMA FOR FIRST LISTING


SECTION

PIL

The case pertains to (Please tick/check the correct box)


Central Act: (Title)

Under Article 32 of the Constitution of


India

Section:

Under Article 14, 19 and 21 of the


Constitution of India.

Central Rule: (Title):

NA

Rule No(s):

NA

State Act: (Title)

NA

Section:

NA

State Rule: (Title)

NA

Rule No(s):

NA

Impugned Interim Order: (Date)

NA

Impugned Final Order/Decree:


(Date)

NA

High Court: (Name)

NA

Names of Judges:

NA

Tribunal / Authority: (Name)

1.

NA

Name of Matter:
Civil

2.

(a)

Petitioner/Appellant No. 1:

(b)
(c)

E-mail ID:
Mobile Phone
Number:

Criminal
The Supreme Court
Bar Clerks Association
(Regd.)

r.purushothaman46@yahoo.in
09313907738

3.

(a)
(b)
(c)

4.

(a)

5.
6.
7.

Respondent No. 1:
E-mail ID:
Mobile Phone
Number:
Main category
classification:

UNION OF INDIA & ORS.


NA
NA

(b) Sub classification:


Not to be listed before:
Similar / Pending matter:
Criminal Matters:
(a) Whether accused / convict
has surrendered

24 APPOINTMENTS ETC., OF
CONSTITUTIONAL
FUNCTIONARIES
2407 OTHERS
NA
NA
NA

Yes
(b)
(c)
(d)
(e)

8.

9.
10.

FIR No.
NA
Police Station:
Sentence Awarded:
Sentence
Undergone:
Land Acquisition Matters:
(a) Date
of
Section
4
notification:
(b) Date of Section 6
notification:
(c) Date of Section 17
notification:
Tax Matters: State the tax effect:
Special Category:
(First petitioner/appellant only)
Senior
citizen >
65 Years

SC/S
T

Aid Case

In custody

Woma
n/chil
d

No

Date:
NA
NA
NA

NA

NA
NA
NA

NA

Disable
d

Legal

11.

Vehicle number (in case of Motor Accident


NA
Claim matters:
12. Decided cases with
NA
citation:
Date:
30.10.2014
AOR for petitioner(s) / Appellant(s)
Place:
New Delhi
(Name)
USHA NANDINI V.
Registration No. 1925
Email Id: advnandini@rediffmail.com
nandiniunnithan@gmail.com

IN THE SUPREME COURT OF INDIA


(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.______OF 2014

(UNDER ARTICLE 32 OF CONSTITUTION OF INDIA)


IN THE MATTER OF:
The Supreme Court
Bar Clerks Association (Regd.)
Represented by Its Hony. Secretary
Mr. R. Purushothaman,
J-27, 3rd floor,
Jangpura Extension,
New Delhi 110014.

Petitioners

Versus
1.

2.

3.

Union of India,
Secretary, Union Ministry of Law and Justice
Shastri Bhawan, A-Wing,
Dr. Rajendra Prasad Road,
New Delhi-110001
Through its Secretary

Respondent

The Department of Law,


Justice & Legislative Affairs
Govt. of National Capital Territory of Delhi
8th Level, C-Wing, Delhi Secretariat,
Players Building, I.P. Estate,
New Delhi 110002
Through its Secretary.

Respondent

Union Territory of Andaman & Nicobar Islands


Represented through its
Chief Secretary
Secretariat
Port Blair-744101,
Andaman & Nicobar Islands (Union Territory). Respondent

4.

5.

6.

7.

8.

9.

10.

State of Andhra Pradesh


Represented through its
Chief Secretary
Secretariat
Hyderabad-500001,
Andhra Pradesh State.

Respondent

State of Arunachal Pradesh


Represented through its
Chief Secretary
Secretariat
Itanagar-791111,
Arunachal Pradesh State.

Respondent

State of Assam
Represented through its
Chief Secretary
Secretariat
Dispur-781001,
Assam State.

Respondent

State of Bihar
Represented through its
Chief Secretary
Secretariat
Patna-800001,
Bihar State.

Respondent

Union Territory of Chandigarh


Represented through its
Chief Secretary
Secretariat
Chandigarh-160036,
Chandigarh (Union Territory).

Respondent

State of Chhattisgarh
Represented through its
Chief Secretary
Secretariat
Raipur-492001,
Chhattisgarh State.

Respondent

Union Territory of Dadra & Nagar Haveli


Represented through its
Chief Secretary
Secretariat
Silvassa-396230,
Dadra & Nagar Haveli (Union Territory).

Respondent
7

11.

Union Territory of Daman & Diu


Represented through its
Chief Secretary
Secretariat
Daman-396210,
Daman & Diu (Union Territory).

Respondent

12.

National Capital Territory of Delhi


Represented through its
Chief Secretary
Secretariat
Indraprastha-110002,
New Delhi (National Capital Territory of Delhi) Respondent

13.

State of Goa
Represented through its
Chief Secretary
Secretariat
Panaji-403001,
Goa State.

Respondent

State of Gujarat
Represented through its
Chief Secretary
Secretariat
Ahmedabad-380060,
Gujarat State.

Respondent

State of Haryana
Represented through its
Chief Secretary
Secretariat
Chandigarh-160036,
Haryana State.

Respondent

State of Himachal Pradesh


Represented through its
Chief Secretary
Secretariat
Shimla-171001,
Himachal Pradesh State.

Respondent

14.

15.

16.

17.

State of Jammu & Kashmir


Represented through its
Chief Secretary
Secretariat

18.

19.

20.

21.

22.

23.

Srinagar-190001,
(Summer), Jammu (Winter)
Jammu & Kashmir State.

Respondent

State of Jharkhand
Represented through its
Chief Secretary
Secretariat
Ranchi-834002
Jharkhand State.

Respondent

State of Karnataka
Represented through its
Chief Secretary
Vidhan Sudha
Bangaluru-560001,
Karnataka State.

Respondent

State of Kerala
Represented through its
Chief Secretary
Secretariat
Kochi-682031,
Kerala State.

Respondent

Union Territory of Lakshadweep


Represented through its
Chief Secretary
Secretariat
Kavaratti-682555,
Lakshadweep (Union Territory).

Respondent

State of Madhya Pradesh


Represented through its
Chief Secretary
Secretariat
Bhopal-482002
Madhya Pradesh State.

Respondent

State of Mahasrashtra
Represented through its
Chief Secretary
Secretariat
Mumbai-400032,
Maharashtra State.

Respondent

24.

25.

26.

27.

28.

29.

30.

State of Manipur
Represented through its
Chief Secretary
Secretariat
Imphal-795001,
Manipur State.

Respondent

State of Meghalaya
Represented through its
Chief Secretary
Secretariat
Shillong-793001,
Meghalaya State.

Respondent

State of Mizoram
Represented through its
Chief Secretary
Secretariat
Aizawl-796001,
Mizoram State.

Respondent

State of Nagaland
Represented through its
Chief Secretary
Secretariat
Kohima-797001,
Nagaland State.

Respondent

State of Odhisha
Represented through its
Chief Secretary
Secretariat
Bhubaneswar-751001,
Odhisha State.

Respondent

Union Territory of Puducherry


Represented through its
Chief Secretary
Secretariat
Puducherry-605001,
Puducherry (Union Territory).

Respondent

State of Punjab
Represented through its
Chief Secretary
Secretariat
Chandigarh-160036,
Punjab State.

Respondent
10

31.

32.

33.

34.

35.

36.

37.

State of Rajasthan
Represented through its
Chief Secretary
Secretariat
Jaipur-302001,
Rajasthan State.

Respondent

State of Sikkim
Represented through its
Chief Secretary
Secretariat
Gangtok-737101.
Sikkim State.

Respondent

State of Tamil Nadu


Represented through its
Chief Secretary
Secretariat
Chennai-600004
Tamil Nadu State.

Respondent

State of Tripura
Represented through its
Chief Secretary
Secretariat
Agartala-799001,
Tripura State.

Respondent

State of Uttar Pradesh


Represented through its
Chief Secretary
Secretariat
Lucknow-211001,
Uttar Pradesh State.

Respondent

State of Uttarakhand
Represented through its
Chief Secretary
Secretariat
Dehradun-248001,
Uttarakhand State.

Respondent

State of West Bengal


Represented through its
Chief Secretary
Secretariat

11

Kolkata-700001,
West Bengal State.
38.

Respondent

Bar Council of India


21, Rouse Avenue, Near Bal Bhavan,
Institutional Area, New Delhi,
Delhi 110002
Represented by its Secretary
All are contesting Respondents

WRIT PETITION UNDER THE PROVISIONS OF ARTICLES 32 OF


THE

CONSTITUTION

OF

INDIA

FOR

ISSUANCE

OF

AN

APPROPRIATE WRIT, ORDER OR DIRECTION


TO
THE HONOURABLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUSTICES OF THE HONOURABLE
SUPREME COURT OF INDIA
HUMBLE PETITION OF THE
PETITIONERS ABOVE NAMED.
MOST RESPECTFULLY SHEWETH:
1.

This pro bono publico Writ Petition is filed by the Petitioner


Association under Art.32 of the Constitution of India
questioning the continued inaction and failure of the
Respondent No. 1 Union of India and Respondents Nos 2 to
37 State Government and Respondent No. 38 Bar Council of
India to enforce and implement the fundamental rights
namely, right to Social Security measures guaranteed under
Art. 21 of the Constitution of India thereby causing untold
hardships and injury to the interests of the Advocates clerks
in India.

12

2.

At the outset, the Petitioner submits that the following


representations were submitted for redressal of their
grievances:

(a)

Representations dated 11.11.2013 was submitted to


the Honble Chief Justice of India. A true copy of the
representation to the Honble Chief Justice of India
dated 11.11.2013 is hereto marked as Annexure P-1
(pages 27 to 29).

(b)

Representation dated 25.11.2013 was submitted to


the Honble Labour Minister. A true copy of the
representation to the Honble Labour Minister dated
25.11.2013 is hereto marked as Annexure P-2
(pages 30 to 32).

In response to the representation dated 25.11.2013, a reply


was received from the Ministry of Labour and Employment
Government of India; vide letter dated 06.02.2014. A true
copy of the letter dated 06.02.2014 from the Ministry of
Labour and Employment of Government of India is
annexure

herewith

and

marked

as

Annexure

P-3

(pages 33).

13

3.

The Respondent No 1 is the Union of India represented by


the Secretary Union Ministry of Law and Justice. The
Respondent Nos 2 to 37 are the States including the Union
Territories. Respondent Nos 38 is the Bar Council of India
which regulated the conduct and discipline of Advocates
under whom, the Advocates clerks work.

4.

The Petitioner Association is a registered society under the


provisions of the Registration Act, 1860, by issuance of
Certificate of Registration dated 23.12.1968. The objects of
the Association inter alia are to promote the common
welfare of the Advocates clerks working with Advocates on
Record, Non-Advocates on Record and Senior Advocates
practicing before the Honble Supreme Court of India.
Hereto marked a copy of the Certificate dated 23.12.1968
as Annexure P-4 (pages 34) and memorandum and rules
of The Supreme Court Bar Clerks Association (Regd.)
(dated NIL) is annexed and marked as Annexure P-5
(pages 35 to 50). At present, about 800 Advocates clerks
are the members of the petitioner organisation. A true copy
of the list of the names of the members of SCBCA dated NIL
is hereto annexed and marked as Annexure P-6

(pages

51 to 67) to this Writ Petition. The Petitioner Association is


espousing the fundamental rights of Advocates clerks who

14

are members and as well non member Advocates clerks in


spread across India in various States and Union Territories.

5.

After the advent of English East India Company in the 18th


century, the profession of law was introduced in the
presidency towns of Bombay, Calcutta and Madras. The
legal professionals were then classified as Barristers,
Solicitors, Advocates, Pleaders and Vakils. The profession
soon acquired importance in social life and intellectual
discourse. The father of the nation M. K. Gandhi, first Prime
Minister Jawaharlal Nehru, first Indian Governor General C.
Rajagopala Chari, first President of India Rajendra Prasad,
Iron Man of India Sardar Patel, Dr Ambedkar, Chairman of
the drafting of the Constitution are some of the well known
legal professionals.

In 1962, the legal profession was

integrated at the national level by the provisions of the


Advocates Act, 1962 passed by the Parliament by reference
to entry 26 of List III (Concurrent List) to seventh Schedule
of the Constitution. The Advocates or Senior Advocates,
therefore, constitute a single class of persons regardless of
the State boundaries. Similarly, Petitioners submit that the
clerks who assist the Advocates also constitute as a single
class of persons throughout India irrespective of State
boundaries.

15

6.

The Petitioners state that the Advocates clerks are


employed by the Advocates to assist them in their legal
work.

Their employment conditions are governed by the

contracts - whether written or unwritten.

By convention

and practice, the Advocates clerk has been recognised by


the courts in India as the representative of the Advocate for
doing the legal work, for which, the Advocate is responsible.
Rule (12) (1) of Order IV of the Supreme Court Rules 1966
permit the Advocate on Record to employ a clerk for
presenting or receiving any papers on his behalf. The clerk
of an Advocate on Record is issued Identity Card under Rule
12(4) of Order IV of the said Rules 1966. Clerks who work
with Non Advocates on Record and Senior Advocates are
issued proximity identity cards which gives them access to
the

Courts

premises.

In

these

circumstances,

the

petitioners submit that Advocates clerks are part of the


justice delivery system which is a sovereign function of the
State in India. Being a part of the justice delivery system,
the status of clerks is more than mere employees of the
Advocates.

16

7.

The petitioners submit that the clerks toil day and night to
assist the Advocates in the service of in clients. The clerk
communicates the intricacies of procedure to the litigants.
He works 24x7 hours without any holidays or leave benefits,
since the demands of the work are such that clerks cannot
afford to remain absent.

The litigants often find more

solace in the words of Advocates clerk.

Some Advocates

clerks on acquiring law degrees have gone on to become


Advocates. Few have made it to the Bench which is matter
of pride.

8.

However, the service conditions of Advocates clerks have


not been regulated by any law in India. Both the Union of
India and States have long overlooked and neglected the
plight of Advocates clerks. Even though some clerks in the
legal sector are generously paid by the Advocates and
litigants, but this generosity is not a substitute for the social
security benefits as a legal entitlement. This Honble Court
has pronounced that employees have a right to social
security measures to meaningfully enjoy their right to life
guaranteed under Art.21 of the Constitution. Social security
measures instil sense of dignity and security in the Clerks
and their dependents which goes a long way in contributing
to the efficiency in justice delivery system. These social

17

security measures inter alia are payment of compensation


on death or disability, payment of pension, payment of
medical benefits etc.

9.

Besides

guaranteeing

as

fundamental

right,

the

Constitution has mandated the States and Union to


implement the same. The directive principles of State policy
in Part IV of the Constitution in Art 39 (e) and Art 41
mandate the State and Union to direct its policies to
implement social security measures. The constitutional
policy intends to promote humane society by guaranteeing
the right to social security and by mandating the States to
implement the said right as its policy. Because, the socio
economic rights are not merely negative rights but are
positive rights. The States and the Union are under the
constitutional mandate to implement the socio economic
rights by reasonable legislative measures.

10.

In the case of LIC of India .vs. Consumer Education &


Research Centre [(1995) 5 SCC 482 at 510], K. Ramaswamy
J, (N. Venkatachala J) held that :-

49. The authorities or private persons or industry are


bound by the directives contained in Part IV, Part III
and the Preamble of the Constitution. It would thus be
clear that the right to carry on trade is subject to the
directives containing the Constitution, the Universal

18

Declaration of Human Rights, European Convention of


Social, Economic and Cultural Rights and the
Convention on Right to Development for SocioEconomic Justice. Social security is a facet of socioeconomic justice to the people and a means to
livelihood. (emphasis supplied)
Earlier, in the case of CESE Limited .vs. Subhash
Chander Bhose [(1992) 1 SCC 441 at 462-463, K.
Ramaswamy J in his dissenting opinion had observed that:-

30. Article 25(2) of Universal Declaration of Human


Rights, 1948 assures that everyone has the right to a
standard of living adequate for the health and well
being of himself and of his family ... including medical
care, sickness, disability ... Article 7(b) of the
International Convention on Economic, Social and
Cultural Rights, 1966 recognises the right of everyone
to the enjoyment of just and favourable conditions of
work which ensure, in particular, safe and healthy
working conditions. Article 39(e) of the Constitution
enjoins the State to direct its policies to secure the
health and strength of workers. The right to social
justice is a fundamental right. Right to livelihood
springs from right to life guaranteed under Article 21.
The health and strength of a worker is an integral
facet of right to life. The aim of fundamental rights is
to create an egalitarian society to free all citizens from
coercion or restrictions by society and to make liberty
available for all. Right to human dignity, development
of personality, social protection, right to rest and
leisure as fundamental human rights to common man
mean nothing more than the status without means.
To the tillers of the soil, wage earners, labourers,
wood cutters, rickshaw pullers, scavengers and hut
dwellers, the civil and political right are mere
cosmetic right. Socio-economic and cultural rights are
their means and relevant to them to realise the basic
aspirations of meaningful right to life. The Universal
Declaration of Human Right, International Convention
on Economic, Social and Cultural Rights recognise
their needs which include right to food, clothing,

19

housing, education, right to work, leisure, fair wages,


decent working conditions, social security, right to
physical or mental health, protection of their families
as integral part of the right to life. Our Constitution in
the Preamble and Part IV reinforces them
compendiously as socio-economic justice, a bedrock to
an egalitarian social order. The right to social and
economic justice is thus a fundamental right.
11.

Articles 22, 23(3) and 25(1) of the Universal declaration of


Human Rights guarantee right to social security, social
protection etc. These Articles are extracted below:

22.... Everyone, as a member of society, has the


right to social security and is entitled to realisation,
through national effort and international co-operation
and in accordance with the organisation and resources
of each State, of the economic, social and cultural
rights indispensable for his dignity and the free
development of his personality.
23. Everyone who works has the right to just and
favourable remuneration encuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
protection.
25. Everyone has the right to a standard of living
adequate for the health and well-being of himself and
of his family, including food, clothing, housing and
medical care and necessary social services, and the
right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.
12.

Articles 9 of the International Covenant of Economic, Social


and Agricultural Rights, 1966, mandate the party States to
recognise the right of every one to social security including
social insurance. India being a party to these conventions

20

is bound to give effect to the conventions by an appropriate


legislations made under Art. 253 of the constitution.

13.

The competence of the States and the Union to legislate on


the subject of social security is derived from the entry 23 of
List-III (Concurrent List) to Seventh Schedule of the
Constitution

(Social

security

and

employment and unemployment.)

social

insurance;

Art.246 (3) of the

constitution enables both Parliament and State Legislatures


to make laws in respect of any of the matters enumerated
in List-III in the Seventh Schedule. Therefore, both the
State Legislatures and Parliament are competent to legislate
in

respect

of

social

security

and

social

insurance

enumerated in entry 23 of List-III.

14.

The petitioners submit that the Union of India and the


States are jointly and severally liable to implement the right
to social security guaranteed to the Advocates clerks under
Art 21 of the constitution, by enacting a legislation under
Entry 23 of the List-III of the Seventh Schedule of the
Constitution. Rights flowing from Art 21 are not merely
negative in content, but are also positive casting obligation
on the States and the Union to implement by incurring
necessary expenditures.

21

15.

The State of Andhra Pradesh is the first State to establish a


Fund by enacting a law to promote welfare of Advocates
clerks. The other States are States of Odisha, Kerala, West
Bengal and Tamil Nadu.

These legislations are hereto

marked as annexed a true copy of the Andhra Pradesh


Gazette notification dated 27.04.1992 as Annexure P-7
(pages 68 to 86) and Andhra Pradesh Gazettee dated
16.10.1992 is annexed and marked as Annexure P-8
(pages 87 to 110), and West Bengal Gazette notification
dated 16.04.1997 Annexure P-9 (pages 111 to 136), Tamil
Nadu Gazette notification dated 17.06.1999 Annexure P10 (pages 137 to 158), Kerala Gazette notification dated
26.08.2003 Annexure P-11 (pages 159 to 180), and
Orissa Gazette notification dated 04.02.2009 Annexure P12 (pages 181 to 193). Even these benefits granted are not
uniform and are not fully in tune with Art. 21 of the
Constitution.

16.

Petitioner Association submits that the Advocates clerks


have been suffering untold hardships and miseries because
of the lack of social security measures. Even after working
for four to five decades in the service of justice, they do not
get any benefits except some charity. Few of the members
of Petitioner Association have crossed the age of 65 years,

22

but have working to meet their livelihood because they are


not entitled to any pension. Pre mature death of some
clerks has exposed the families to poverty. Sick clerks get
no medical aid. Lack of pension is a serious concern in the
old age exposing them to mercy of grown up children.
Hence, there is urgent need for implementation of social
security measures by legislation to the Advocates clerks.

17.

The Union of India owes a constitutional responsibility to


enact a framework law to enforce and implement the right
social security measures guaranteed to the Advocates
clerks. The framework legislation inter alia may include:
(i)

a provision declaring right to compensation to the


dependants on premature death of Advocates clerk,
right to compensation for disability incurred during the
course of employment, right to pension on retirement
at the age of 65 years (including surving wife), right
to medical benefits for serious ailments, etc.

(ii)

a provision constituting an Advocates Clerks Welfare


Fund at the State level.

(iii)

a provision constituting a Board at the State level


headed by a retired Judge of the High Court for
disbursal of benefits to the Advocates clerks.

23

(iv)

a provision for issuance of stamps of appropriate


amount by the State Governments to be compulsorily
affixed on the Vakalatnama.

18.

In the case of Gainda Ram .vs. Municipal Corporation of


Delhi [(2010) 10 SCC 715 at 739], this Honble Court held
that structured regulation and legislation is urgently
necessary and directed the appropriate Govt. to legislate.
The relevant passage are :

68 ... Therefore, structured regulation and legislation


is urgently necessary to control and regulate the
fundamental right of hawking of these vendors and
hawkers.
70. This Court, therefore, disposes of this writ

petition and all the IAs filed with a direction that the
problem of hawking and street vending may be
regulated by the present schemes framed by NDMC
and MCD up to 30.06.2011. Within that time, the
appropriate Government is to legislate and bring out
the law to regulate hawking and hawkers
fundamental right. Till such time the grievances of the
hawkers/vendors may be redressed by the internal
dispute redressal mechanisms provided in the
schemes.
19.

That no other Petition has been filed by the petitioner


seeking similar relief in this Honble Court or any other court.

20.

Having regard to the above, the petitioners prefer this Writ


Petition inter alia on the following amongst other grounds:

24

GROUNDS
A.

For that, the Advocates clerks have a fundamental right to


social security as a part of right to life guaranteed by Art.21
of the Constitution.

B.

For that, Art 21 read with Articles 39 (e) and 41 of the


directive principles of the State policy in Part IV of the
constitution mandates that the States and Union of India
are jointly and severally liable to implement the right to
social security guaranteed to the Advocates clerks by
framing a reasonable legislative scheme.

C.

For that, Entry 23 of List-III of the Seventh Schedule of the


Constitution enables both State Legislatures and Parliament
to legislate on the Social security and social insurance;
employment and unemployment.

D.

For that, the Advocates clerks of the States which have not
constituted the Fund have been suffering discrimination.

E.

For that, the Advocates clerks constitute a single class and


the clerks of one State cannot be denied the benefits which
his counterpart in other States enjoy as a matter of right.

25

F.

For that, implementation of social security measures to


Advocates clerks would improve the quality of services adding to
the justice delivery system.

PRAYER
In the above circumstances, this Honble Court may be pleased
to:
(i)

issue a Writ of Mandamus or any other writ or direction


declaring that the Art.21 of the Constitution of India
guarantees

rights to social security measures to the

Advocates clerks; and

(ii)

issue a Writ of Mandamus or any other writ or direction


declaring that the provisions of Art. 21 read with Art. 39
(e) and Art. 41 of the directive principles of the State
policy in Part IV of the Constitution of India impose a
constitutional responsibility on the Union of India to enact
a framework law for the implementation of the rights to
social security measures guaranteed by the Constitution of
India to Advocates clerks; and

(iii)

issue a Writ of Mandamus or any other writ or direction


commanding the Respondents Union of India Nos 1 to
take steps and to initiate a framework legislation to
implement social security rights of the Advocates clerks;
and

26

(iv)

issue a Writ of Mandamus or any other writ or


direction commanding the Respondent States Nos 2 to
37 to implement the rights to social security measures
guaranteed to Advocates clerks by the Constitution of
India by establishing the Advocates Clerks Welfare
Fund

in

accordance

with

proposed

framework

legislation; and

(v)

Pass any other order or orders as this Honble Court


deems fit in the interest of Justice and equity.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY


BOUND SHALL EVERY PRAY.

SETTLED BY:
MR. RAJURAMACHANDRAN
SENIOR ADVOCATE
DRAWN BY

Mr. MOHAN V. KATARKI


MR. DEEPAK PRAKASH
Advocates

FILED BY

USHA NANDINI V.
Advocate for the Petitioners

DRWAN ON: 30/09/2014


PLACE: NEW DELHI
DATE: 30/10/2014

27

IN THE SUPREME COURT OF INDIA


(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.______OF 2014
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
THE SUPREME COURT
BAR CLERKS ASSOCIATION (Regd.)

PETITIONERS

VERSUS
UNION OF INDIA AND ORS.

RESPONDENTS

A F F I D A V IT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that I have read and understood the contents of the Synopsis
and List of Dates at Pages B to G and contents of Para 1 to 20 at
pages 1 to 22 of the Writ Petition and state that the facts
mentioned therein are true to my knowledge and information
derived from the records of the case as per the legal advice
received from my Lawyer and believed by me. I say that the facts
and circumstances stated in the Writ Petition are true and correct
to the best of my knowledge and belief.
3. That the Annexures produced along with the Writ Petition are true
copies of their respective originals.
4. That the averments in para 1 to 3 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
3 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 30th day of October, 2014.
DEPONENT

28

CONSTITUTION OF INDIA
ARTICLE 14.
14. Equality before law The State shall not deny to any person
equality before the law or the equal protection of the laws within
the territory of India.
ARTICLE 19.
19. Protection of certain rights regarding freedom of speech, etc.
(1) All citizens shall have the right
(a)
(b)
(c)
(d)
(e)
(g)

to freedom of speech and expression;


to assemble peaceably and without arms;
to form associations or unions;
to move freely throughout the territory of India;
to reside and settle in any part of the territory of
India;
to practise any profession, or to carry on any
occupation, trade or business.

[(2). Nothing in sub-clause (a) of clause (1) shall affect the


operation of any existing law, or prevent the State from making
any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub-clause in the
interests of [the sovereignty and integrity of India,] the security
of the State, friendly relations with Foreign States, public order,
decency or morality or in relation to contempt of court,
defamation or incitement to an offence.]

29

(3)

Nothing in sub-clause (b) of the said clause shall affect the

operation of any existing law in so far as it imposes, or prevent


the State from making any law imposing, in the interests of [the
sovereignty and integrity of India or] public order, reasonable
restrictions on the exercise of the right conferred by the said subclause.

(4)

Nothing is sub-clause (c) of the said clause shall affect the

operation of any existing law in so far as it imposes, or prevent


the State from making any law imposing, in the interests of [the
sovereignty and integrity of India or] public order or morality,
reasonable restrictions on the exercise of the right conferred by
the said sub-clause.

(5)

Nothing in [sub-clause (d) and (e)] of the said clause shall

affect the operation of any existing law in so far it imposes, or


prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the
said sub-clauses either in the interests of the general public or for
the protection of the interests of any Scheduled Tribe.

(6)

Nothing in sub-clause (g) of the said clause shall affect the

operation of any existing law in so far as it imposes, or prevent


the State from making any law imposing, in the interests of the
general public, reasonable restrictions on the exercise of the
30

rights conferred by the said sub-clause, and, in particular,


[nothing in the said sub-clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from
making any law relating to,-

(i)

the professional or technical qualifications necessary


for practising any profession or carrying on any
occupation, trade or business, or

(ii)

the carrying on by the State, or by a corporation


owned or controlled by the State, of any trade,
business, industry or service, whether to the
exclusion, complete or partial, of citizens or otherwise.

ARTICLE 21.
21.

Protection of life and personal liberty. No person shall be

deprived of his life or personal liberty except according to


procedure established by law.

// TRUE COPY //

31

IN THE SUPREME COURT OF INDIA


(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.______OF 2014
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
THE SUPREME COURT
BAR CLERKS ASSOCIATION (Regd.)

PETITIONERS

VERSUS
UNION OF INDIA AND ORS.

RESPONDENTS

AN APPLICATION FOR EXEMPTION FROM FILING


OFFICIAL TRANSLATION
TO
THE HONBLE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUSTICES OF THE HONBLE SUPREME
COURT OF INDIA.
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED.
MOST RESPECTFULLY SHOWETH:
1.

This pro bono publico Writ Petition is filed by the Petitioner


Association under Art.32 of the Constitution of India.

2.

That Annexures P-4 is in Hindi and getting that documents


being

translated

by

the

Official

Translator

is

time

consuming. Since the petitioner is seeking urgent Interim


Orders from this Honble Court, that documents are being
32

translated by the counsel for the petitioner in this Honble


Court who is familiar with Hindi and English. Therefore this
Honble Court may kindly accept the true translation made
by the counsel for the petitioner in this Honble Court and
exempt the petitioner from filing the translated copy of the
document by the Official Translator.
PRAYER
It is therefore most respectfully prayed that this Honble
Court may be pleased to
(i)

Exempt the petitioner from filing Official Translation of


Annexure P-4 ; and

(ii)

To pass such other order or further orders as this


Honble Court may deem fit and proper in the
circumstances of the case.

FOR

WHICH

ACT

OF

KINDNESS

THE

HUMBLE

PETITIONERS SHALL AS IN DUTY BOUND EVER PRAY.

Filed by:

USHA NANDINI V.
Advocate for the Petitioners
Dated:
.11.2014
Place: New Delhi

33

1A.

The Petitioner submits in terms of rule 12(2) of the Supreme


Court Rules 2013 as under:
i)

The Petitioner Associations is a registered body under the


Registration of Societies Act of 1860, as amendment by
the Punjab Amendment Act of 1957. The certificate
registration issued by the Registrar of Societies is at
Annexure P-4 to this Writ Petition. The Petitioner
Association is represented by Honorary Secretary Mr. R.
Purushothaman

and

his

working

office

address

is

mentioned in the cause title. He is a registered clerk of a


lawyer in the Supreme Court. His Mobile No. 9313907738
and his Voter Identity Card No. NEC1355254. The
Supreme

Court

Bar

Clerks

Association

Pan

No.

AACAS9741D.
ii)

The cause of action has arisen due to the continued


inaction Respondents in taking steps to enact a framework
law as submitted para 17 hereinafter.

iii)

The members of petitioner have been deprived of right to


social security etc, which are fundamental rights as
detailed in para 17 hereafter.

iv)

The Petitioner Association has no personal interest.

v)

No civil or criminal cases are pending against Mr R.


Purushothaman who represents the petitioner Association.

vi)

A representation was submitted to the Honble Chief


Justice of India vide Annexure P1. However, no reply has
been received so far.

The petitioner Association gave

representation to the Union Minister for labour vide


Annexure P2. However, he replied vide Annexure P3 that
the ESI Act is not applicable to petitioner members. Since
the present law is not applicable as replied in Annexure
P3, the demand of the Petitioner is for enactment of a law
as submitted in para 17.

34

USHA NANDINI V.
Advocate Supreme Court

57 Lawyers Chambers,
Supreme Court Compound,
New Delhi - 110001
November 2014

To
The Registrar
Supreme Court of India,
New Delhi.
Sub: Diary No. 35538 of 2014 WP(C) No.
of 2014
The Supreme Court Bar Clerks Association (Regd.)
Vs.
Union of India & Ors.
Sir,
The registry is noted the defect that the matter is not
made out in the chronological order. It is hereby clarify
that the cause of action taken in this matter it is not
possible to make out in chronological order but it is make
sequences of the case therefore, a kind request that the
defect may be ignored and Writ Petition may be
registered an urgent basis.
Thanking you
Yours Sincerely

(Ushan Nandini V.)


Advocate for the Petitioner

35

IN THE SUPREME COURT OF INDIA


(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.______OF 2014
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
THE SUPREME COURT
BAR CLERKS ASSOCIATION (Regd.)

PETITIONERS

VERSUS
UNION OF INDIA AND ORS.

RESPONDENTS

AFFIDAVIT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that there is no personal gain, private motive or oblique
reason in filing the Public Interest Litigation and I state that the
facts mentioned therein are true to my knowledge and information
derived from the records of the case as per the legal advice
received from my Lawyer and believed by me. I say that the facts
and circumstances stated in the Writ Petition are true and correct
to the best of my knowledge and belief.
3. That the averments in para 1 to 2 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
2 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 10th day of November, 2014.
DEPONENT

36

IN THE SUPREME COURT OF INDIA


(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO.______OF 2014
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
THE SUPREME COURT
BAR CLERKS ASSOCIATION (Regd.)

PETITIONERS

VERSUS
UNION OF INDIA AND ORS.

RESPONDENTS

AFFIDAVIT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that I have read and understood the contents of the
application for exemption for filing official translation of the
registration certificate of the Supreme Court Bar Clerks
Association (Regd.) and I state that the facts mentioned therein are
true to my knowledge and information derived from the records of
the case as per the legal advice received from my Lawyer and
believed by me. I say that the facts and circumstances stated in the
application is true and correct to the best of my knowledge and
belief.
3. That the averments in para 1 to 2 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
2 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 10th day of November, 2014.
DEPONENT

37

38