"Where Is the Legal Right?" Bombay HC Questions Plea Seeking Stipend for Young Lawyers

"Where Is the Legal Right?" Bombay HC Questions Plea Seeking Stipend for Young Lawyers

The Bombay High Court on Wednesday (June 25) questioned the legal basis of a plea demanding monthly stipends for young lawyers from the Bar Council of Maharashtra and Goa (BCMG), even as the bench expressed personal support for the idea.

A Division Bench led by Chief Justice Alok Aradhe and Justice Sandeep Marne observed that although they personally believed young lawyers in a city like Mumbai may need as much as ₹45,000 per month to survive, the issue ultimately hinged on whether any statutory provision entitles them to such financial support.

"On a personal level, we both support you... We agree with you in principle, but what is the legal basis? How do we grant it? The Bar Council doesn't have funds. Will you contribute?" the Court asked the petitioner.

The observations came during the hearing of a Public Interest Litigation (PIL) filed by Ajit Vijay Deshpande, a law student at the time of filing the petition in 2021, seeking a direction to BCMG to pay a stipend of ₹5,000 per month to junior lawyers in Maharashtra.

The Bench, however, noted that the petition lacked a clear element of "public interest" as it primarily concerned the internal affairs of the legal profession. "What does the public at large have to do with the stipend paid to young advocates? It is only for lawyers, not the public," the Court said. “We believe you should get ₹25,000, not just ₹5,000 — but show us the legal right. On what basis can we issue a writ of mandamus?”

The petitioner referred to a Delhi High Court decision directing the Bar Council of India (BCI) to consider minimum stipends for junior lawyers. It was submitted that BCI has since recommended ₹20,000 for those in urban areas and ₹15,000 for rural areas.

CJ Aradhe acknowledged that ₹45,000 might be necessary for survival in a metro like Mumbai but reiterated the concern: "What is the statutory obligation of the Bar Council? From where will they generate the funds?"

Appearing for BCMG, Advocate Uday Warunjikar informed the Court that while some states receive financial assistance from their respective governments for such schemes, Maharashtra had refused to allocate any such funds. He also pointed out that the enrollment fee for lawyers had been reduced from ₹15,000 to ₹600, impacting the Bar Council’s revenue.

After hearing the submissions, the Court asked the petitioner to explore the existence of any statutory provision that mandates such stipends and adjourned the matter for two weeks.

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