The Delhi High Court has strongly criticized the growing practice of non-advocates and agents representing litigants in consumer courts based on mere authorization letters.
Justice Sanjeev Narula stated that this practice undermines the legal and ethical responsibilities inherent in the role of advocates and violates the provisions of the Advocates Act, 1961.
“This is fundamentally inconsistent with the Advocates Act, 1961, which exclusively vests these functions in enrolled advocates. Such a practice not only dilutes the legal and ethical responsibilities that define the role of an advocate but also undermines the concept of a Vakalatnama,” the Court remarked.
The observation was made in a case where an advocate had delegated core professional duties—such as signing documents, receiving communications, and arguing cases before a consumer commission—to a non-advocate through an authorization letter.
Court’s Directives
In an order dated December 23, Justice Narula issued the following directives:
1. Strict Enforcement of Representation Rules: All consumer courts in Delhi must ensure that litigants are represented only by enrolled advocates or by agents/non-advocates strictly adhering to the Consumer Protection Regulations, 2014.
2. Prohibition of Non-Advocate Representation via Authorization Letters: The Court ordered that non-advocates or agents appearing on the strength of authorization letters issued by lawyers must be immediately stopped.
3. Pending Case Review: The State Consumer Commission and District Consumer Fora were instructed to provide details of all pending cases where non-advocates are representing parties.
The Petition
The case stemmed from a petition filed by a group of practicing advocates registered with the Bar Council of Delhi. The petition raised concerns about a systemic issue where unauthorized individuals, including social organizations and agents, were representing litigants in consumer courts.
This practice, the petitioners argued, violated the framework established under the Consumer Protection (Procedure for Regulation of Allowing Appearance of Agents or Representatives or Non-Advocates or Voluntary Organisations before the Consumer Forum), Regulations, 2014.
Legal Responses and Next Steps
The High Court issued notices to the Lieutenant Governor, the Delhi government, the Bar Council of India, and the Bar Council of Delhi, seeking their responses to the petition. Additional Standing Counsel Anuj Aggarwal represented the Lieutenant Governor and Delhi government, while advocate T. Singhdev appeared for the Bar Council of Delhi.
The Court has directed the Bar Council of India and the Bar Council of Delhi to file their counter-affidavits on the issue. The matter is scheduled for further hearing on March 18, 2025.
This judgment aims to uphold the integrity of legal practice, safeguard professional ethics, and ensure litigants receive competent representation in consumer courts.
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