Introduction:

The Punjab & Haryana High Court has taken notice of a petition urging the Bar Council of India (BCI) and the Bar Council of Punjab, Haryana & Chandigarh to establish “standardized stipend and remuneration guidelines” for young lawyers and law interns. Advocates Vivek Tiwari and Abhishek Malhotra filed a PIL seeking directives for a minimum stipend of Rs.15,000 for junior advocates and Rs.5,000 for law interns. The petitioners argue that the lack of formal regulations leaves new advocates vulnerable to inadequate remuneration, emphasizing the need for guidelines akin to other professional bodies. The Court, headed by Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta, has issued notice to the BCI and the local bar council.

Arguments of Both Sides:

The petitioners contend that young lawyers and interns often face financial exploitation, receiving meager stipends or none at all. They stress the absence of formal regulations specifying the minimum remuneration for newly enrolled advocates across Indian bar councils. The plea seeks not only standardized stipends but also freedom for junior advocates to file independent matters, asserting a violation of their fundamental right to earn a livelihood under Article 21. The disparity between the basic minimum wage and the remuneration received by law graduates is highlighted.

The opposing viewpoint from the BCI and Bar Council of Punjab, Haryana & Chandigarh is not explicitly mentioned in the provided information.

Court’s Judgment:

The Court, upon hearing the PIL, issued notice to the concerned bar councils and directed the petitioners to present Kerala Government’s scheme, which offers Rs.3,000 per month as stipend/remuneration for lawyers under 30 years with less than 3 years of practice and an annual income below Rs.1,00,000. The Court deferred the matter to April 23, seeking additional information on the Kerala scheme.