The Bombay High Court at Kolhapur issued notice to the Maharashtra government and the Bar Council of Maharashtra and Goa (BCMG) on a petition seeking a structured scheme of financial assistance and stipends for junior lawyers in the State. [Saklen Mansur Mujawar & Ors v. Chairman, Advocates Welfare Fund Trustee Committee & Ors]
A Bench of Justices Milind N Jadhav and Nandesh S Deshpande passed the order on August 3 in the petition filed by 21 young advocates practising before the Court. The petition seeks effective implementation and augmentation of the Maharashtra Advocates Welfare Fund Act, 1981 and payment of stipends to junior lawyers.
The Court noted that while the 1981 Act vests statutory powers to administer a welfare fund and extend financial assistance, the mechanism appears to have fallen short.
“The issue is undoubtedly in the domain of the State and the Bar Council of the concerned State, but requires to be done in present times, primarily for the reason that it is the bounden duty of all stakeholders to ensure that the young advocates at the Bar who join this profession find their feet and, rather entrench their feet in the first two or three years of their practice, so that they do not wither away from the profession due to any reason, and more specifically on account of financial aspects/constraints which go to the root of the matter."
The petitioners relied on a October 15, 2024 circular issued by Bar Council of India recommending a minimum monthly stipend of ₹20,000 in urban areas and ₹15,000 in rural areas to junior advocates assisting seniors and law firms.
However, they complained that the BCI measure remained only on paper.
“Grievance is expressed before us that, across the board, this recommendation and the order passed by BCI remain a paper tiger, without having any teeth for their implementation, thereby leading to large-scale unrest amongst junior lawyers who have joined the Bar with the hope and aspiration of practicing at the Bar and rendering justice,” the Court remarked.
The Bench also referred to the Supreme Court’s judgment in the case of Sarika Tyagi v Union of India, where the apex court called for a self-sustaining fund to provide a stipend-cum-honorarium to first-generation and disadvantaged young advocates.
The petitioners pointed out welfare measures undertaken for the benefit of lawyers in Jharkhand, Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Puducherry.
The Court ordered the Advocates Welfare Fund Trustee Committee, the State government and the BCMG to file an affidavit within three weeks.
In that affidavit, they must spell out what measures they are taking or plan to take to extend financial assistance or stipends, or any comparable scheme, for junior advocates practising in the State.
Advocate Asim Sarode appeared for the petitioner lawyers.
Additional government pleader Tejas Kapre appeared for State of Maharashtra.
[Read order]