Where will the funds come from? Bombay High Court on PIL seeking ₹5,000 stipend for junior lawyers

The Bombay High Court on Wednesday questioned whether there should be a statutory right for junior lawyers with less than three years of practice to claim a monthly stipend of ₹5,000..A Division Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne observed that although it was sympathetic to the cause, it was unclear whether such a claim could be legally sustained.“What is the statutory right? On a personal level, we support you. We agree with you...But principally, who will give this? Bar Council has no funds. Will you give any funds? There is no element of public interest in this. How is society in general concerned with stipend to young lawyers?”.The Court was hearing a Public Interest Litigation (PIL) filed by twelve young lawyers from Maharashtra. The petitioners argued that junior lawyers with an annual income of below ₹1 lakh should be provided financial support for the first three years of practice. They relied on precedents set by other High Courts and the recommendation of the Bar Council of India (BCI), which has suggested a stipend of ₹15,000 for young lawyers in rural areas and 20,000 for lawyers practicing in urban areas. Counsel for the petitioners also submitted that the Delhi High Court had already issued directions on similar lines.To this, Chief Justice Aradhe remarked, “Why just ₹15,000? We believe that in cities like Mumbai, ₹45,000 should be paid. But where will the funds come from?”The Court noted that the Bar Council of Maharashtra and Goa (BCMG), in its response, had submitted that implementing such a stipend policy would cost approximately ₹155 crore annually. .The judges sought clarity on how this amount would be sourced. The BCMG counsel stated that unlike some other states, Maharashtra has not extended support for such schemes. “We would like to point out that certain states that have these schemes are aided...We can't do that in Maharashtra. We had sent a representation,” the counsel said.The Court eventually adjourned the matter for two weeks and directed the parties to return with clarity on the existence of any statutory right mandating such a stipend..The PIL filed in 2022 seeks the creation of a permanent stipend scheme for junior lawyers, to be financed through the Maharashtra Advocates Welfare Fund. It sought a ₹5,000 monthly stipend for new and junior lawyers with an annual income less than ₹1 lakh, for the first three years of their practice.The petition, filed by lawyers including Ajit Deshpande and Akshay Desai, cited the financial difficulties faced by young advocates, particularly during and after the COVID-19 lockdowns. It contended that adequate support was necessary during the initial years of practice. It also referred to similar schemes implemented in Delhi, Tamil Nadu, Kerala, Jharkhand and Andhra Pradesh.