20 May 2024 8:41 AM GMT
Today, the Supreme Court (on May 20), while hearing a civil appeal, orally stressed that the young members of the bar should be given the opportunity to argue during vacation time.
The matter in which this exchange took place was placed before the bench of Justices P.S. Narasimha and Sanjay Karol. Senior advocate Abhishek Manu Singhvi, who was appearing for the petitioner, assertively said that he would endorse the same and requested the Court to bring out uniform rules on the same. To quote the conversation that took place:
Justice Sanjay Karol: In fact, I would request all the learned senior advocates to give vacation time to the younger member of the bar .
Singhvi: May I say one thing, I have been on record that if your lordships make a uniform rules, it would be so easier for us…I am repeating for the fifth year, running sixth year.
When Justice Karol said that it is not for the Court to do the same, Singhvi pressed, “No, your lordships can…collectively your lordships should….the problem occurs is that 10 colleagues appear, 10 do not. It is not possible to work it like that. Your lordship, may my comment be on record officially, I will 100% endorse and I have said so for the last 5-7 years.”
In response, Justice Karol said that the Court wants the younger bar to grow, and the vacation period was meant for the younger advocates to argue.
"We want the younger bar to grow, that is about all …vacation was meant only for the younger people."
Echoing this sentiment, Solicitor General Tushar Mehta chimed in, saying that some of the benches are not permitting the seniors to argue the matter and similarly, this bench can also do the same.
“I join my learned friend…some of the honourable benches are not permitting. Please, your lordships may also declare that henceforth, no permission”
Before leaving, Singhvi said that the Court should seriously consider bringing out the uniform rules.
It may be noted that the Top Court's summer break has commenced from today and will continue till the first week of July. During this period, the matters will be taken up by the vacation benches.
This is not the first time that this proposal has fallen from the Supreme Court. Last year, the bench of Justices Vikram Nath and Ahsanuddin Amanullah had made it extremely clear that senior counsels won't be permitted to mention or argue cases. While doing so, the Bench had refused to hear as many as four senior counsels.
In the same year, a Bench of Justices JK Maheshwari and Sanjay Karol had refused to permit Senior Advocate Mukul Rohatgi to mention a matter before it stating that as per vacation bench norms, only instructing counsel should make mentionings.