Delhi HC asks BCI, BCD to decide on representation seeking stipend & fair remuneration guidelines for new advocates

DELHI: The Delhi High on Friday disposed of a PIL plea seeking to have in place proper guidelines regarding stipend and remuneration for newly enrolled advocates. 

A Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, while terming the plea as premature, noted that since the representation letter was filed before the Respondents (Bar Council of India & Bar Council of Delhi) on January 24, and so, sufficient time was not granted to them to reply. With this, the Court directed them to look into the representation and pass a reasoned order as early as possible. 

The PIL moved by Advocate Simran Kumari sought a request to Bar Council of India and Bar Council of Delhi to formulate a manner in which fair remuneration is ensured. The absence of fair remuneration not only creates hurdles in the life of young law graduates but also contributes to the decision to shift to a safer profession, the plea argued. 

Though the Respondents were sent a representation letter for necessary action, seeking guidelines to affix minimum amount of remuneration, no reply was received, the PIL stated. 

The main motive of the PIL was to set up the "Stipend and Remuneration Guidelines" by the BCI & BCD with an objective of fair amount to be paid to the newly enrolled Advocates and interns associated with law firms or in the chambers of advocates. So that the hardships faced by Junior Advocates and interns are rewarded and the former can focus on gaining more skills and knowledge, it was stated. 

The plea also pointed out that legal profession is regarded to be one of the least paying professions when it comes to young Advocates joining law offices or chambers. 

Not everyone has the capacity to sustain themselves which leads to the young Advocates feeling demoralized. That the aspect of it is that the young Advocates are supported from the very beginning with fair remuneration and alongside interns with stipend, the plea said. 

Advocate Tushar Tanwar appeared and argued for the petitioner.