The Madras High Court has taken a groundbreaking step to improve the lives of young lawyers in India. In a powerful message, the court directed the Bar Council of Tamil Nadu and Puducherry to establish a minimum stipend for junior lawyers working under senior advocates.
Justices SM Subramaniam and C Kumarappan highlighted the issue of meager payments from senior lawyers, forcing junior colleagues into difficult financial situations.
The court condemned the exploitative practice of demanding work without offering fair compensation, declaring it a direct violation of young lawyers’ fundamental rights.
Looking beyond the immediate case, the court reaffirmed the responsibility of the Bar Council to safeguard the well-being of all enrolled advocates.
C.K.Chanrdasekar, counsel appearing on behalf of the Bar Council of Tamil Nadu submitted that the Government has to sanction and release the funds for the purpose of payment of funds to the eligible members under the Welfare Fund Scheme.
The bench noted that, “it is brought to our notice that young brilliant lawyers after enrolling themselves as Advocates in Bar council of Tamil Nadu is unable to survive on account of the fact that the senior lawyers / lawyers engaging the services of the these junior lawyers, are not paying even the minimum stipend to meet out their livelihood.”
It was further observed that “Extracting work without payment is an exploitation and directly in violation of the fundamental rights enshrined under the Constitution. The livelihood of these young brilliant lawyers, who have started their practice with a fond hope must be encouraged by the senior lawyers, legal fraternity and the Courts.”
It was thus held that, “Safeguarding the rights, privilege and interest of the advocates is one of the functions of the State Bar Council and therefore, the livelihood of these young lawyers, who have enrolled with great ambitions are also to be protected. In order to protect the livelihood of these young lawyers, Bar Council should ensure that minimum stipend is paid by the lawyers, who all are engaging the services of the young lawyers.”
By mandating the development of a minimum stipend system, the Madras High Court aims to ensure a more equitable legal profession. This initiative will provide junior lawyers with the financial security they need to focus on building successful legal careers.
This move has the potential to attract and retain talented individuals in the legal field, ultimately benefiting the entire justice system.
The Madras High Court Division Bench decision sets forward a strong example that other Bar Councils across India may choose to follow, leading to a nationwide improvement in the treatment of young and junior lawyers.
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