Delhi High Court orders State to formulate welfare scheme for advocates' clerks in 6 weeks

The Delhi High Court on Wednesday ordered the Delhi government to formulate a scheme for the welfare of clerks working with lawyers in the national capital. .A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia gave the government six weeks to come up with the scheme, after considering similar laws enacted in other States. “In view of the aforesaid facts, we direct that an appropriate decision shall be taken by the GNCTD at an appropriate level for formulating a scheme for the bar clerks. For the said purpose, the schemes, both statutory and non-statutory, in other states shall be taken into consideration by the authorities concerned. Such a decision shall be taken in six weeks,” the Court ordered..The Bench rejected the Delhi government’s stand in its status report that the lawyers practising in Delhi are financially well-off compared to other States and can take care of their clerks. The government had also said that formulating such a scheme for one group of professionals may violate the right to equality under Article 14 of the Constitution. The Court ruled that such arguments were “absolutely unreasonable” and without any rationale and that bar clerks cannot be equated with clerks of other professionals. “The functions discharged by them [bar clerks] are distinct from the functions discharged in other professions. The contribution of advocates’ bar clerks in dispensation of justice, one of the sovereign functions of the state, cannot be denied or diluted,” the Bench underscored. .The Bench passed the directions while considering two petitions filed by the Delhi High Court Bar Clerks Association and the Supreme Court Bar Clerks Association. The two groups moved the Court seeking directions for the formulation of welfare schemes for the clerks working with the lawyers in Delhi. Notably, in July 2023, the High Court had directed the government to decide on formulating the scheme within six weeks..Today, the Court noted that despite nearly two-and-a-half years having passed, the government has filed status report with the minutes of a meeting held under Chief Secretary in October 2024. The report revealed that the meeting concluded that no such scheme is required in the capital. After considering the report, the Court rejected it. Further, it noted that in July 2023, the Central government was also directed to take a decision, but till today, they have not filed any affidavit. Therefore, the Bench ordered the Centre to also take a decision on the issue within six weeks. The case will be considered next in March. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.