Where will money come from: Court on plea for Rs 5,000 stipend for junior lawyers

The Bombay High Court on Wednesday questioned the maintainability of a Public Interest Litigation (PIL) seeking a monthly stipend of Rs 5,000 for junior lawyers who have not completed three years of practice, observing that the plea lacked genuine public interest.

"It cannot be a public interest. ‘All law candidates’ does not mean the public at large. How is society in general concerned in giving stipend to you?" remarked a bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne during the hearing.

The court further raised practical and financial concerns about the proposal, asking, "Where will the money come from? Why Rs 5,000? You should get Rs 25,000. In Mumbai, one should get Rs 45,000. But who will give? Have you thought of it? What is the statutory duty under which the Bar Council is obliged to give the stipend? How do we give it, even if we think you should get it?"

Advocate Uday Warunjikar, appearing for the Bar Council of Maharashtra and Goa, informed the court that while some Bar Councils in other states had received support from their respective state governments, the Maharashtra government had declined a request for assistance in creating a financial corpus.

The bench noted that the Bar Council had estimated a requirement of Rs 1.55 crore to fund such a stipend scheme but lacked the necessary resources. "Funds are required and that is a vital aspect," the bench observed.

The court also took note of the fact that the petition had been filed in 2021 by lawyers who were then within the three-year threshold but had since crossed that mark. Addressing the petitioners’ counsel, the bench said, "You would have completed three years of work experience yourselves by now. You appoint three juniors and now you should pay Rs 40,000 to your juniors. Lead by example. This is a laudable object, but there is practical difficulty."

Granting the petitioners two weeks' time, the court allowed them to make further submissions on the issue before proceeding with a final decision.

- Ends