Bombay HC Questions PIL Seeking Rs 5K Monthly Stipend For Junior Lawyers
Bombay High Court Today (June 25) asked if new lawyers with less than 3 years of practice should legally get Rs 5,000 every month. The judges supported the idea emotionally but questioned its legality and funding by Bar Council.
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MAHARASHTRA: The Bombay High Court raised a big question — should new junior lawyers with less than three years of experience get Rs 5,000 every month as a legal right?
The Division Bench, which included Chief Justice Alok Aradhe and Justice Sandeep Marne, discussed this matter during a hearing on a Public Interest Litigation (PIL) filed by twelve young lawyers from Maharashtra.
The judges said they do understand the problems faced by new lawyers, but they were not sure if giving a stipend can be made a legal rule.
They asked,
“What is the statutory right? On a personal level, we support you. We agree with you…But principally, who will give this? Bar Council has no funds. Will you give any funds? There is no element of public interest in this. How is society in general concerned with stipend to young lawyers?”
The PIL demanded a permanent stipend scheme for junior lawyers. It suggested that lawyers earning less than Rs 1 lakh a year should get Rs 5,000 every month for their first three years of practice. The petitioners supported their case by showing that other High Courts have taken similar steps.
They also referred to the Bar Council of India (BCI) recommendation — Rs 15,000 per month for junior lawyers working in rural areas and Rs 20,000 for those in cities.
The petitioners’ lawyer also mentioned that the Delhi High Court had already passed directions for giving stipends to junior lawyers. To this, Chief Justice Aradhe responded:
“Why just Rs 15,000? We believe that in cities like Mumbai, Rs 45,000 should be paid. But where will the funds come from?”
The judges pointed out a serious issue — money. According to the Bar Council of Maharashtra and Goa (BCMG), such a stipend policy would cost around Rs 155 crore every year. The court wanted to know clearly where this huge amount would come from.
The BCMG lawyer explained that unlike some other states, Maharashtra has not started any such support system.
The lawyer said,
“We would like to point out that certain states that have these schemes are aided…We can’t do that in Maharashtra. We had sent a representation.”
In the end, the Court decided to adjourn the matter for two weeks, asking everyone involved to come back with clear information — whether any legal rule (statutory right) exists to allow such a stipend.
The PIL was first filed in 2022 by junior lawyers including Ajit Deshpande and Akshay Desai. They highlighted the tough financial conditions that young lawyers face, especially after the COVID-19 pandemic.
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According to the petition, having some financial support in the early years of practice is very important. They also mentioned that states like Delhi, Tamil Nadu, Kerala, Jharkhand, and Andhra Pradesh already have similar schemes in place.
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