The court mandated minimum stipends for Junior Advocates to ensure their livelihood and directed the Bar Council to expedite Welfare Fund enhancements.

JUDGMENT :

(S.M. Subramaniam, C. Kumarappan, JJ.)

1. The lis on hand is all about the Welfare Schemes and the safeguards to be provided to the Advocates enrolled in the State Roll and practising in various Courts across the State of Tamil Nadu and Puducherry.

2. The grievances of the Advocates and the Junior Advocates though addressed in many platforms, not redressed suitably. Thus, this Court has impleaded the Government of Tamil Nadu also to ensure that the applications received to settle the Welfare Fund Scheme benefits are paid to the eligible members without causing undue delay.

3. Firstly, regarding the Welfare Fund Scheme in Pondicherry, we have invited Mr.G.Masilamani, learned Senior Advocate, who is holding the post of Chairman of Trust Committee constituted under Section 32 of the Advocates' Welfare Fund Act, 2001. Mr.G.Masilamani, Chairman of Trust Committee would submit that he held several meetings with the Stakeholders and the Government of Puducherry and submitted a proposal for implementation of Schedule-I to the Act and for enhancement of Scheme amount. The proposal is yet to be approved, on account of internal dispute between the Advocates' Association in Pondicherry and Karaikkal. It is brought to our notice that the issues are resolved and elections were conducted. Thus, the Bar Council of Tamil Nadu and Puducherry is directed to conduct a meeting with the recognised Associations at Pondicherry and Karaikkal and to ensure that the proposals submitted by the Trust Committee has been materialised by the Government of Pondicherry by issuing suitable amendments enhancing the Welfare Fund Scheme amount. Delay in finalising the proposal would result in hardship to the eligible members, who all are waiting to receive the Welfare Fund benefits. Thus, the Bar Council of Tamil Nadu and Puducherry, Government of Puducherry and the recognised Associations in Pondicherry and Karaikkal are directed to co-ordinate and ensure that the proposal for amendment of Schedule-I submitted by the Trust Committee constituted is finalised and the enhanced benefits due to the members are settled as expeditiously as possible.

4. Secondly, we have considered the issue relating to safeguarding of the livelihood of Junior Advocates employed by the Advocates/Senior Advocates.

5. Section 6 of the Advocates Act, 1961 enumerates functions of a State Bar Council. Section 6(1)(d) stipulates that the rights, privileges and interest of the Advocates on its roll to be safeguarded by the State Bar Councils. Safeguarding of rights, privileges and interest of the Advocates being one of the functions of the Bar Council, it is duty bound to ensure that the Junior Lawyers, who all are entering into legal profession with great ambition are encouraged and their livelihood is protected. We are particularly, concerned about the livelihood of the Junior Lawyers, who all are coming from marginalised section, and from rural areas to the City to practice law

6. Earlier, the access to professional courses like Law was reserved only for the people with privileged background. But today, the Constitutional ideals played a pivotal role in creating a pathway to all Young graduates to come from multi-cultural, multi-social, multi-economic and diverse backgrounds. The noble profession of law is one of the frontrunners in reinventing itself as and when the need arises. Especially, post the Covid-19 pandemic, the Lawyers have adopted themselves in tune with technology and we are striving forward as a community to address pertinent issues in the field of law.

7. Young Lawyers today are post with numerous challenges. Their enthusiasm should not be stifled solely because of economic factors. Many youngsters are forced to quit the profession due to economic instability in the profession. A fair question may be put forth, Isn't it a common challenge faced in all professions?

8. True as this is, but this court strongly believes that as history as shown earlier, where Lawyers as a commu