Bombay HC Directs Maharashtra, BCI to Outline Financial Aid for Junior Lawyers
The Bombay High Court, sitting at its Kolhapur bench, has directed the Maharashtra government and the Bar Council of India to spell out the steps being taken or proposed to provide financial assistance to junior advocates.
A division bench comprising Justices Milind N Jadhav and Nandesh S Deshpande issued the directions while hearing a petition filed by 21 young advocates seeking financial aid and welfare schemes. The court urged the authorities to consider the matter affirmatively in the larger interest of young entrants to the legal profession.
The judges referenced Supreme Court observations describing the first three years of legal practice as a "period of turmoil" that frequently forces promising advocates to leave the profession. The bench observed that attrition creates a professional brain drain, hitting first-generation lawyers and those from economically and socially disadvantaged backgrounds the hardest.
During the hearing on August 3, the petitioners argued that stakeholders have a responsibility to help young lawyers establish themselves during their initial years so financial constraints do not force them out. They highlighted that while the Bar Council of India issued a circular in 2024 recommending a monthly stipend of ₹20,000 for junior advocates in urban areas and ₹15,000 in rural areas, the order lacked enforcement mechanisms and remained a "paper tiger".
The petitioners also pointed to welfare measures implemented for advocates in other states and union territories, including Jharkhand, Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, and Puducherry.
The High Court noted that while provisions exist under the Maharashtra Advocates Welfare Fund Act, 1981, the existing mechanism appears to have fallen short. The bench also referred to a Supreme Court suggestion made in June encouraging the legal fraternity to operationalise donations from senior advocates to support junior peers.
The High Court has granted the Maharashtra government and the Bar Council of India three weeks to file their affidavits detailing support measures.
