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2022 Supreme(Del) 1871

IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Pankaj Kumar - Appellant
Versus
Bar Council Of Delhi & Ors. - Respondents
W.P.(C) 12116 of 2022 & CM Appl. 36228 of 2022
Decided On : 23-09-2022

Advocates appeared:
Mr. Srikant Prasad & Mr. Dewashish Viswakarma, Advocates., for the Petitioner; Mr. Anurag Ahluwalia, CGSC with Mr. Danish Faraz Khan, Advocate., for the Respondents No. 3; Mr. Anuj Aggarwal, ASC for GNCTD with Ms. Ayushi Bansal & Mr. Sanyam Suri, Advocates., for the Respondents No. 4

Headnote:

Financial Assistance - Young Advocates - Bar Council of India, Bar Council of Delhi - Article 226 - [Article 226 of the Constitution of India] - The court considered the difficulties faced by young advocates and the plea for financial assistance. It highlighted the lack of job opportunities and the competition in various professions. The court emphasized that while it cannot issue a writ of mandamus for stipends, it appealed to the Bar Councils and senior advocates to consider providing financial assistance and empathetic support to young advocates. The court also addressed the plea for specific chambers for junior advocates, stating that while it cannot entertain the plea, it appealed to the Bar Councils/Associations to be more sensitive to the difficulties of younger members of the Bar.

Fact of the Case:

The petitioner, a young advocate, filed a Public Interest Litigation highlighting the financial difficulties faced by newly enrolled advocates and the unavailability of space for them to work.

Finding of the Court:

The court acknowledged the difficulties faced by young advocates but held that it cannot issue a writ of mandamus for stipends. It appealed to the Bar Councils and senior advocates to consider providing financial assistance and empathetic support to young advocates. The court also addressed the plea for specific chambers for junior advocates, stating that it cannot entertain the plea but appealed to the Bar Councils/Associations to be more sensitive to the difficulties of younger members of the Bar.

Issues: Financial difficulties faced by young advocates, availability of space for newly enrolled advocates, plea for financial assistance and specific chambers for junior advocates.

Ratio Decidendi: The court cannot issue a writ of mandamus for stipends to young advocates, but it appealed to the Bar Councils and senior advocates to consider providing financial assistance and empathetic support. The plea for specific chambers for junior advocates was not entertained, but the Bar Councils/Associations were appealed to be more sensitive to the difficulties of younger members of the Bar.

Final Decision: The petition was dismissed.

JUDGMENT

Subramonium Prasad, J. - The instant writ petition under Article 226 of the Constitution of India has been filed as a Public Interest Litigation with the following prayers:

      "a) Honourable court may issue the writ of mandamus nature directing R1 and R2 to consider the financial difficulties to the all concerned and to provide the financial assistance of Rs.5000 to the petitioner and newly enrolled advocates in Bar council of delhi during his initial year of practice;

      b) Honourable court may pass an direction for making rules for chamber/coworking space allotment by creating equal opportunity to the newly enrolled advocates; c) Honourable court may be pleased to pass any other order, judgement in the interest of justice as deems fit."

      2. The Petitioner, who is 29 years of age, is a young advocate, who has enrolled himself in the Bar Council of Delhi and cleared the AIBE Examination in the year 2021. He is presently working as a junior in the chambers of a Senior Advocate. The Petitioner by way of the instant Public Interest Litigation wants to highlight the difficulties being faced by newly enrolled advocates who are finding themselves in a position where they cannot sustain themselves in Delhi. It is stated that the young advocates are unable to arrange for their accommodation, food, travelling and other expenses, and without there being any proper and consistent source of income, they are unable to make both ends meet.

      3. It is stated by the Ld. Counsel for the Petitioner that Bar Council of India has issued a notification granting a minimum stipend for a sum of Rs.5,000/- to all the young advocates for the initial three years of their practice. It is stated that many junior advocates are not paid anything by their seniors owing to which they are unable to concentrate on the profession. It is also stated that a survey conducted by Vidhi Centre for Legal Policy demonstrates that more than 79% of the Advocates across 7 High Courts with less than two years of legal practice at the Bar are earning less than Rs.10,000/- per month.

      4. The Ld. Counsel for the Petitioner by way of the instant Public Interest Litigation further highlights the unavailability of space for newly enrolled Advocates where they can sit and entertain clients. It is stated that there are no rules to accommodate the newly enrolled Advocates in the chambers.

      5. The Ld. Counsel for the Petitioner relies upon a similar Public Interest Litigation filed in the High Court of Bombay seeking a permanent stipend scheme for junior lawyers with an annual income of less than Rs. 1 lakh for the first three years of their practice and states that the High Court of Bombay has issued notices to the Bar Council of Maharashtra and Goa. It is further stated that the High Court of Chhattisgarh and the High Court of Allahabad have also issued notices in similar Public Interest Litigations filed on the very same issue. The Ld. Counsel for the Petitioner also relies upon the decision of the Government of Kerala wherein sanction was accorded to pay a monthly stipend of a sum of Rs.5,000/- per month to junior lawyers of a specified category, payable out of the Welfare Fund created under Kerala Advocates' Welfare Fund Act, 1980.

      6. Heard Ld. Counsel for the Petitioner and perused the material on record.

      7. Undoubtedly, the Petitioner has highlighted the problems being faced by the young lawyers who have enrolled in this noble profession. This Court can take judicial notice of the fact that youngsters, who have just enrolled themselves as Advocates, face immense difficulties in sustaining themselves owing to the high cost of living in Delhi. It is indeed very difficult for young advocates to bear expenses for the purposes of accommodation food, and travelling expenses. This Court also takes note of the fact that many of these youngsters either do not get paid by their seniors or the salaries that are paid to them are so meagre that it barely covers the cost of living in a metropolitan ci

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