"Young Advocates Shouldn't Wither Away From Profession": Bombay High Court Seeks State, Bar Council's Response On Plea For Stipend

The Bombay High Court recently ordered the Bar Council of Maharashtra and Goa and also the State Government to file their detailed affidavits spelling out the steps taken so far or proposed to be taken to provide financial assistance to young advocates at the Bar to ensure that the young advocates, who face financial difficulties during the initial years of their practice, do not abandon their practice. Sitting at the Kolhapur seat, a division bench of Justice Milind Jadhav and Justice Nandesh Deshpande has asked the BCMG and the State not to take adversely the instant petition filed by nearly 21 young advocates, who have urged directions for provision of stipends for the freshly enrolled advocates. "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. Though the Petitioners, being young lawyers at the Bar, have invoked Article 14 read with Article 21 of the Constitution of India, we understand the need, the necessity and the requirement for having such a legislation and also to further it, augment it and improve it, for the benefit of young advocates," the bench observed in the order passed on August 3.In their plea, the advocates have stated that the young members, who enrol into the profession after completing their legal studies devote their lives to this noble profession, and such devotion needs to be sustained. The petitioners pointed out that though there is in existence the Maharashtra Advocates Welfare Fund Act, 1981, vesting statutory powers and authority to administer the Welfare Fund, extend financial assistance and organise welfare schemes for the benefit of young lawyers, who enter this profession with an aspiration to deliver justice, however, the said mechanism appears to have fallen short.The petitioners also relied on a October 15, 2024 Circular of the Bar Council of India (BCI) which recommended payment of a minimum monthly stipend of Rs. 20,000 in urban areas and Rs. 15,000 in rural areas to junior advocates assisting advocates/senior advocates and law firms."Grievance is expressed before us that, across the board, this recommendation and the order passed by the Bar Council of India 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. Placed before us are instances of a similar nature, wherein such measures have been taken forward as benevolent measures for the benefit of advocates at the Bar in the States of Jharkhand, Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Puducherry," the judges noted in the plea. The bench stated that there was merit in the petition before them in the perspective of 'larger' interest of the community of young advocates and noted that even the Supreme Court has described that the first two or three years of their joining the profession as a period of 'turmoil' which often compels capable and promising young advocates to abandon practice at the Bar altogether.The judges, therefore, issued notice to the BCMG and also the Maharashtra Government directing them to file their affidavits before the next date of hearing, which is scheduled at August 24. Appearance:Advocate Asim Sarode appeared for the Petitioners.Assistant Government Pleader Tejas Kapre represented the State.Case Title: Saklen Mansur Mujawar vs The Chairman, Advocates Welfare Fund Trustee Committee [Writ Petition (Stamp) 6592 of 2026]Click Here To Read/Download Order

"Young Advocates Shouldn't Wither Away From Profession": Bombay High Court Seeks State, Bar Council's Response On Plea For Stipend

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Narsi Benwal

"Young Advocates Shouldn't Wither Away From Profession": Bombay High Court Seeks State, Bar Council's Response On Plea For Stipend

Narsi Benwal

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Narsi Benwal

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