Delhi HC directs BCI, BCD to decide on stipend guidelines for interns and young advocates
Feb 08, 2024
New Delhi [India], February 8 : The Delhi High Court on Thursday directed the Bar Council of India (BCI) and Bar Council of Delhi (BCD) to decide on a representation seeking direction from the respondents to formulate and ensure the timely and effective implementation of the stipend and remuneration guidelines for young advocates, associates and interns associated with a chamber or law firm.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora, while hearing a Public Interest Litigation (PIL), observed that the petitioner, Simran Kumari, has made representation to the respondents on January 27, 2024, and some time must be given to concerned authorities to take a call on the representation.
The plea sought direction on how to channel the manner of providing stipends and remuneration to interns and young advocates.
A sense of non-earning capacity after pursuing professional courses like 5-year and 3-year LL.B. courses creates doubt in the minds of young advocates and paves the way for non-accomplishment, as stated in the plea.
The petition sought guidelines to affix a minimum amount of remuneration and stipend, not the upper limit so that the cost of living and day-to-day subsistence could be taken care of. The petitioner, being one of many underprivileged background law graduates, highlighted the shortcomings being faced in this legal profession even after studying for five long years and working without a decent stipend or remuneration.
The plea further sought direction in favour of junior advocates, directing the respondents not to restrict junior advocates from filing their independent matters, as this violates their fundamental right, i.e., the right to earn a livelihood, enshrined under Article 21: Right to Life of the Constitution of India, 1950 and the assurance of fair and just compensation.