Case Title: IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM ETC.
In this case, an administrative choice was made in response to emails from the petitioner. The question of whether an Advocate on Record can have an entry in the Advocate On Record register in the form of his preferred method of practising law has been raised by an order of the Supreme Court. Could "Law Chambers of Siddharth Murarka" be used in place of "Siddharth Murarka," for instance?
The petition is based on making the same filing, which is against Supreme Court policy. However, various High Courts have made it legal. He claims in his petition that this puts him at a disadvantage to partnership firms because a partnership firm of attorneys, which can be started by two or more advocates on record, is not subject to the same constitutional restriction.
Amicus Curiae/Counseling Mr. Kailash Vasdev, a former advocate on record and vice president of the Supreme Court Bar Association, claimed that the Supreme Court of India framed the Supreme Court Rules after it was established under Article 124 of the Indian Constitution. This was done by exercising its authority under Article 145 of the Constitution. He emphasised that "person" or "agent" is the term used in the Rules both historically and currently. The authorization is referred to "Him" as well.
It was further argued, however, that enrollment of an advocate on record under Order IV Rules 15 to 29 and Rule 31 (originally) had already been addressed and continues to do so under the 2013 Rules in its amended form. It has been discovered that there may be an advocate on record or an advocate on record firm.
The Supreme Court noted that the term "Law Chambers" has roots in both England and India because we borrowed a significant amount of jurisprudence from England that refers to a specific lawyer in whose chambers individuals may work and conduct legal business.
Thus, insofar as the larger issue is concerned, we leave it to the Rulemaking authorities to examine whether they would like to expand the registration of Advocates on Record permitting persons to carry on the profession in any sole proprietorship firms, styles or name. "The Rules being sacrosanct, we would not like to interfere with the same in the present proceeding", ordered the bench.