Juniors lawyers must be paid stipend: Madhya Pradesh High Court orders State Bar Council to frame guidelines

The Madhya Pradesh High Court has issued directions to ensure that junior advocates are paid a stipend for their work [Vipin Pandey v. Rani Durgavati University, Jabalpur & Ors.]..Justice Vishal Dhagat said that the bar body should ensure that young lawyers' ability to maintain a decent standard of living and have their transportation expenses covered during the initial phases of law practice.Hence, it directed the Madhya Pradesh State Bar Council to consult the High Court Bar Association and the High Court Advocates' Bar Association to formulate guidelines setting a minimum stipend for junior advocates across urban and rural areas within a strict six-month timeframe.The order was passed during the hearing of a petition where a junior counsel, appearing for the petitioner, sought an adjournment on the ground that the arguing counsel was not available.Upon being questioned by the Court, the junior counsel revealed that she was not receiving any stipend.Taking serious note of the disclosure, Justice Dhagat referred to the Bar Council of India’s (BCI) circular dated October 15, 2024, which recommended a minimum monthly stipend of ₹20,000 in urban areas and ₹15,000 in rural areas for junior advocates for at least three years from the date of enrolment.While noting that the BCI circular is recommendatory in nature, the High Court stressed that the State Bar Council must step in to make financial support workable on the ground:"State Bar Council being regulatory body is having heavy burden to see that junior advocates are paid stipend for maintaining their expenses and transportation. Decision in this regard be taken within a limited time frame of six months for issuing guidelines through Bar Association in State of Madhya Pradesh," the Court said.The Bench further directed the State Bar Council to conduct an inquiry into why advocates Rajesh Dubey, Aniruddh Kumar Mishra, Chandrika Prasad Dwivedi, Dhananjay Chaturvedi and Naveen Kumar Pathak were not paying a stipend to the junior counsel appearing in the matter.The Court flagged the financial vulnerability faced by entrants to the profession and directed the State Bar Council and the Bar Associations to ensure compliance across the board:"Madhya Pradesh State Bar Council, Madhya Pradesh High Court Bar Association and Madhya Pradesh High Court Advocates' Bar Association are directed to take note of the aforesaid fact and see to it that all junior advocates are paid stipend for doing the work of their senior counsel so that they can bear their day to day expenses for learning in initial phases of their practice, when they do not have their own work."The Court directed that copies of its order to be forwarded to the State Bar Council and both High Court Bar Associations for compliance.Advocate Ayushi Mishra appeared for the petitioner.Advocate Divy Krishna Bilaiya appeared for the respondent.[Read Order]