Supreme Court Endorses Proposal For 'Young Lawyers' Professional Assistance Fund' To Support Junior Advocates

The Supreme Court on Friday endorsed a proposal to create a "Young Lawyers' Professional Assistance Fund" to provide financial support to young advocates during the formative years of their legal careers, observing that financial hardships often drive talented lawyers away from litigation practice. The proposal found favour with a Bench comprising Chief Justice of India Surya Kant and Justice V Mohana while hearing a public interest petition filed by women advocates concerning infrastructural deficiencies in courts and the challenges faced by young members of the Bar. The Court said a dedicated fund could help address the steep economic barriers confronting first-generation lawyers and those from disadvantaged backgrounds. "The absence of a steady stream of clients and the limited remuneration available during these years tends to create extreme financial hardship," the Court observed, noting that many junior advocates remain dependent on modest stipends from seniors while learning the craft of advocacy.Senior Advocate Dr. Monika Gusain, appearing for the petitioner, submitted that the Supreme Court has now mandated 3-year practice to appear for the judicial service examination; however, without any stipend or support system, many women are finding it difficult to join legal practice.Highlighting the difficulties faced by newcomers to the profession, the Court said a young lawyer entering litigation does not immediately inherit an office, clientele, library, or predictable source of income. The initial years are largely spent observing proceedings, assisting seniors and acquiring courtroom skills, often with little financial security. The Bench warned that the resulting attrition could lead to a form of "brain drain" within the legal profession, particularly affecting first-generation lawyers and those who are under pressure to support their families soon after completing their legal education. This might force many to explore alternative career options offering more stable income, despite their genuine interest and potential in litigation.It is often said that the rewards of practice accrue with time and perseverance, and that young advocates must remain steadfast through the initial years of struggle. While this is largely true, it presupposes the existence of a financial and social support network that enables a young lawyer to endure that period of uncertainty. Not every aspiring advocate enjoys such support and for many, the decision whether or not to continue in litigation is influenced much more by economic considerations than merit or dedication.Against this backdrop, the Court observed that a Young Lawyers' Professional Assistance Fund should be established under the exclusive control of the jurisdictional High Courts or an autonomous body constituted by the Union and State Governments. According to the Court, such a framework would inspire confidence among prospective donors and contributors. The Court suggested that Parliament and other stakeholders could consider a structured statutory scheme under which successful senior advocates and other members of the legal profession contribute to the fund. It also proposed that a portion of court fees collected by the judiciary and a substantial share of costs imposed in judicial proceedings could be channelled towards the corpus. To encourage donations, the Bench suggested incentives such as tax exemptions, national awards and other honours. The fund, it said, should provide a reasonable monthly stipend to first-generation lawyers and advocates from economically and socially disadvantaged backgrounds during the early years of practice. Beneficiaries could simultaneously work as associates with experienced lawyers in exchange for the stipend support. The Court further suggested that financial assistance should be sufficient to ensure basic sustenance during the first three years of practice and thereafter be gradually reduced, ending after six to seven years when the lawyer is expected to attain professional self-sufficiency. It also proposed a self-sustaining model whereby advocates who benefited from the fund in their early years contribute back to it through phased instalments after establishing themselves in practice, thereby supporting future generations of young lawyers. Clarifying that the observations were tentative and illustrative, the Court issued notice in the matter and sought assistance from the Attorney General for India as well as the Advocate Generals of the States and Union Territories.Petition also raises issue of lack of washrooms for lady advocatesThe petition also highlighted the lack of adequately equipped Ladies' Bar Rooms and essential facilities in courts across the country, which adversely affected the ability of women lawyers to effectively discharge their professional responsibilities.The petitioners relied on a survey conducted among women advocates and physical inspections of court complexes, which revealed that many High...

Supreme Court Endorses Proposal For 'Young Lawyers' Professional Assistance Fund' To Support Junior Advocates

Amisha Shrivastava

The Court sought the views of the Attorney General for India and the Advocate Generals of the State.

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Amisha Shrivastava

Supreme Court Endorses Proposal For 'Young Lawyers' Professional Assistance Fund' To Support Junior Advocates

Amisha Shrivastava

The Court sought the views of the Attorney General for India and the Advocate Generals of the State.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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Amisha Shrivastava

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