Should Junior Lawyers Get a Monthly Stipend? Bombay High Court Asks Important Questions

In a recent hearing, the Bombay High Court raised an important question — should junior lawyers in their first three years of practice have a legal right to receive a monthly stipend of ₹5,000?

A Division Bench led by Chief Justice Alok Aradhe and Justice Sandeep Marne expressed support for the idea on a personal level but said it was unclear whether there was any statutory or legal basis for such a demand.

“We support you personally… but who will pay for this? Bar Council has no funds. Is there a legal right to demand this stipend?” the judges asked during the hearing.

The Petition: What Young Lawyers Are Demanding

The Court was hearing a Public Interest Litigation (PIL) filed in 2022 by twelve young lawyers from Maharashtra. They argued that new lawyers who earn less than ₹1 lakh per year should receive a monthly stipend of ₹5,000 for their first three years of practice.

The petition referred to:

• Recommendations by the Bar Council of India (BCI), which had suggested ₹15,000 per month for rural lawyers and ₹20,000 for those in urban areas.

• Similar stipend schemes introduced in Delhi, Tamil Nadu, Kerala, Jharkhand, and Andhra Pradesh.

  
  

Court: Who Will Pay for This?

While discussing the issue, Chief Justice Aradhe even remarked:

“Why only ₹15,000? In cities like Mumbai, ₹45,000 may be needed. But where will the money come from?”

The Bar Council of Maharashtra and Goa (BCMG) said that implementing such a policy would cost nearly ₹155 crore annually. Unlike some other states, Maharashtra does not provide financial support for such schemes.

The BCMG explained:

“Some states are supported by the government. We had sent a representation, but we haven’t received such aid.”

What Happens Next?

The Court did not reject the plea but adjourned the matter for two weeks. It asked all parties to come back with clarity on whether there is any existing statutory right that allows junior lawyers to claim such financial assistance.

Why Is This Stipend Important?

The petitioners, including Ajit Deshpande and Akshay Desai, highlighted the financial struggles faced by junior lawyers, especially after the COVID-19 pandemic. Many young advocates, particularly those from lower-income backgrounds or practicing in rural areas, find it difficult to survive during their early years in the profession.

They argued that without a steady income, talented individuals may be forced to quit law or never pursue it seriously.

Conclusion: A Debate Between Sympathy and Law

The Bombay High Court acknowledged the genuine financial challenges faced by young lawyers. However, it also stressed the importance of having a legal foundation and a clear funding mechanism before such a policy can be introduced.

While other states have managed to provide this kind of support, Maharashtra still has a long way to go. The final decision will likely depend on whether a statutory right can be established and whether the state government is willing to step in to help.

This case could set an important precedent for how young legal professionals are supported in India — and whether the profession can be made more accessible and sustainable for all.