Bar Rooms-Library– Facilitates to Advocates – Advocates are officers of court – Duty of State Government to pay electricity bills of Bar rooms. [Constitution of India; Advocates Act, section 7(b)].

A Public Interest Litigation has been filed by a Senior Advocate in representative capacity for issuance of a direction to the State to the effect that the electricity charges of electricity consumed in the Bar Association Rooms or Rooms provided by the Court to the members of the Bar Association be paid by the State Government.

The petitioner has pleaded that he is a senior Advocate practising in the District Court and High Court since a long time. More than one bar rooms have been provided by the Courts for the purpose of sitting of bar members during Court’s hours. The advocates used to sit in the bar rooms, they consult with their clients in the bar rooms and they also used to read and prepare their briefs in the bar room when they were not required to appear before the Court. It is further submitted that it is a part and parcel of the process of administration of justice and the Government has the responsibility to bear expenses for the administration of justice. However, the electricity charges of the electricity consumed in the bar room have been paid by the Bar Association and it has to be paid by the Government. It is further submitted that the Hon’ble Supreme Court is paying all the electricity charges of Bar Association Rooms. Even the Supreme Court is providing other facilities also. In other states like Rajasthan, the Government used to pay electricity charges of electricity consumed in the bar rooms. It is further pleaded that for the purpose of effective administration of justice, the Government has to provide expenditure for well equipped Bar Rooms including Library and electricity charges.

For centuries, it is a well-settled principle of law that the advocates are officers of the Court. The Dr. K. Shivaram Ajay R. Singh Advocates Allied laws Hon’ble Supreme Court in Lalit Mohan Das vs. The Advocate General, Orissa and another, AIR 1957 SC 250 has held as under:

“A member of the Bar undoubtedly owes a duty to his client and must place before the Court all that can fairly and reasonably be submitted on behalf of his client. He may even submit that a particular order is not correct and may ask for a review of that order. At the same time, a member of the Bar is an officer of the Court an owes a duty to the Court in which he is appearing. He must uphold the dignity and decorum of the Court and must not do anything to bring the Court itself into disrepute.”

The Hon’ble Court also to referred the Judgement of Apex Court in the case of Supreme Court of Bar Association and others vs. B.D. Kaushik,: (2011) 13 SCC 774 and held that it was a well-settled principle of law that the profession of an advocate is not merely a profession. The Advocates are officers of the Court, and they have their duty towards their clients and also towards the Court and an efficient and intelligent bar is necessary for the effective administration of justice. If the bar does not have proper facilities in the Court premises, then the administration of justice would be affected. It is obligatory on the part of the Government to bear electricity expenses of fans, tube-lights and bulbs and also of coolers during the summer season in the Bar Rooms of High Court, District Courts and Tehsil Courts officially provided by the Courts.