Court Directs State Bar Council to Ensure Financial Support for Junior Advocates within Six Months
In a significant move aimed at ensuring financial support for junior advocates, the Madhya Pradesh High Court has directed the State Bar Council to collaborate with the M.P. High Court Bar Association and M.P. High Court Advocates' Bar Association to establish guidelines for a minimum stipend payable to junior advocates. This directive comes in response to a petition filed by Vipin Pandey against Rani Durgavati University, Jabalpur, highlighting the absence of stipends for junior advocates, as revealed by junior counsel Ms. Ayushi Mishra during court proceedings.
Presiding over the case, Justice Vishal Dhagat emphasized the importance of providing financial support to junior advocates in their formative years of practice. The court referenced a circular from the Bar Council of India dated 15th October 2024, which recommended a stipend of Rs. 20,000 per month for junior advocates in urban areas and Rs. 15,000 in rural areas for at least three years from their date of engagement. Though the circular was advisory, the court underscored the necessity for the Madhya Pradesh State Bar Council to formalize these recommendations into actionable guidelines within a six-month timeframe.
Furthermore, the court highlighted the regulatory role of the State Bar Council in ensuring that junior advocates receive adequate stipends to cover their expenses and transportation, particularly when they lack independent work. The court also ordered an inquiry into why specific advocates, including Rajesh Dubey and Aniruddh Kumar Mishra, were not providing stipends to junior advocate Ms. Ayushi Mishra.
The directive aims to alleviate the financial burdens faced by junior advocates during the initial phase of their careers, thereby enabling them to focus on professional development without financial distress. The court has mandated that copies of the order be furnished to the Madhya Pradesh State Bar Council, the M.P. High Court Bar Association, and the M.P. High Court Advocates' Bar Association to ensure compliance.
The case has been adjourned to allow the arguing counsel to prepare, and the registry has been instructed to list the matter for final hearing.
Bottom Line :
Legal profession - Payment of stipend to junior advocates - High Court directed Madhya Pradesh State Bar Council in consultation with High Court Bar Associations to frame guidelines within six months for minimum stipend payable to junior advocates in urban and rural areas, taking note of Bar Council of India circular recommending stipend for first three years of engagement.
Statutory provision(s): Bar Council of India circular dated 15.10.2024, Recommendations for stipends to junior advocates, Regulatory role of State Bar Council in ensuring stipend payments.
