Mumbai: The Bombay High Court on Wednesday questioned whether junior lawyers with less than three years’ experience have any statutory right to claim a monthly stipend of Rs 5,000.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said that while they were personally sympathetic to the cause, it was unclear if such a claim could be legally sustained.
“What is the statutory right? On a personal level, we support you. But principally, who will give this? Bar Council has no funds… How is society in general concerned with stipend to young lawyers?” the court asked.
The observations came while hearing a Public Interest Litigation (PIL) filed by 12 young lawyers from Maharashtra seeking financial aid for new advocates earning less than Rs 1 lakh annually. They urged that junior lawyers be granted a Rs 5,000 monthly stipend for the first three years of practice.
Petition Cites BCI Recommendations and Delhi HC Directive
The petitioners cited schemes in other states and recommendations of the Bar Council of India (BCI), which proposed Rs 15,000 monthly for rural lawyers and Rs 20,000 for urban lawyers. Their counsel also referred to directions issued by the Delhi High Court in a similar matter.
In response, CJ Aradhe remarked, “Why just Rs 15,000? In cities like Mumbai, Rs 45,000 should be paid. But where will the funds come from?”
Bar Council Says Scheme Will Cost ₹155 Crore Annually
The Bar Council of Maharashtra and Goa submitted that such a scheme would cost about Rs 155 crore annually and said the state had not provided financial aid like some others. The court adjourned the matter for two weeks, seeking clarity on any statutory mandate for such stipends.
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