Last Updated on January 25, 2024 by News Desk
Issue: Recently, the Bar Council of India (BCI) and the Bar Council of Punjab and Haryana received notice from the Punjab & Haryana High Court about their investigation into the financial health of young and junior attorneys. The case under consideration, Vivek Tiwari & Anr v. BCI & Anr, concerns a motion to set a minimum stipend or compensation for aspiring attorneys.
Facts of the Case: The case was presented by attorneys Vivek Tiwari and Abhishek Malhotra, who emphasized that a major barrier to becoming a lawyer, especially for those from low-income families, is the absence of an appropriate remuneration structure. They contended that diversity and inclusion in the legal profession suffer when just compensation is lacking.
The petitioners brought up a recent initiative by the Kerala government that provides under-30-year-old attorneys with less than three years of experience and an annual salary below ₹1 lakh with a monthly stipend of ₹3,000. In light of this precedence, the petitioners have been asked to submit the scheme’s specifics for the Court to review.
Arguments Presented by Parties: Among the main demands made in the plea are the creation of criteria for stipend payments, a strong framework for resolving complaints, outreach campaigns, and regular updates to the court. With a minimum stipend of ₹15,000 for young advocates and ₹5,000 for legal interns, the petition expressly demands for consistent stipend and compensation rules. Citing international best practices as inspiration, the petitioners argue that these rules are necessary to support future attorneys and guarantee mental health.
Judgment Delivered by Court: The Punjab & Haryana High Court, presided over by Justice Nidhi Gupta and Acting Chief Justice Ritu Bahri, has requested comments on the case from the State Bar Council and the BCI. The Court’s ruling acknowledges the value of equitable remuneration in promoting diversity and young attorneys’ mental health. The case may indicate a change in the direction of creating a more organized and fair payment system for attorneys. The legal community is waiting to hear from the relevant authorities about this case, and the verdict might establish a standard for handling similar issues across the country.
Case title: Vivek Tiwar & Anr v BCI & Anr
Written By: Nikita Shankar @nikitaashankar
