The Delhi High Court has directed the Delhi government to frame a welfare scheme for advocates’ clerks within six weeks, rejecting the State’s claim that such a scheme is unnecessary. The Court held that bar clerks play a vital role in the justice system and their contribution cannot be ignored.
The Delhi High Court on Wednesday directed the Delhi government to prepare a welfare scheme for clerks working with lawyers in the national capital. The Court gave a clear deadline of six weeks to frame the scheme, after studying similar laws and welfare models followed in other States.
The order was passed by a Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. The Bench directed the Government of National Capital Territory of Delhi (GNCTD) to take a proper policy decision at the highest level and ensure that the long-pending issue of welfare of bar clerks is finally addressed.
While passing the directions, the Court said,
“In view of the aforesaid facts, we direct that an appropriate decision shall be taken by the GNCTD at an appropriate level for formulating a scheme for the bar clerks. For the said purpose, the schemes, both statutory and non-statutory, in other states shall be taken into consideration by the authorities concerned. Such a decision shall be taken in six weeks,”.
The Bench strongly rejected the stand taken by the Delhi government in its status report. The government had argued that lawyers practising in Delhi are financially better placed compared to advocates in other States and are capable of taking care of their clerks without government support.
It was also argued that creating a special welfare scheme for bar clerks alone could violate the right to equality under Article 14 of the Constitution.
Disagreeing with these submissions, the Court held that the arguments raised by the Delhi government were unreasonable and had no logical basis. The Bench made it clear that clerks working with advocates perform a unique role and cannot be compared with clerks working in other professions.
Emphasising the importance of their work, the Court observed,
“The functions discharged by them [bar clerks] are distinct from the functions discharged in other professions. The contribution of advocates’ bar clerks in dispensation of justice, one of the sovereign functions of the state, cannot be denied or diluted,”.
The directions were issued while hearing two petitions filed by the Delhi High Court Bar Clerks Association and the Supreme Court Bar Clerks Association. The associations had approached the Court seeking a comprehensive welfare scheme for clerks working with lawyers across courts in Delhi.
The Court also recalled that in July 2023, it had already directed the Delhi government to take a decision on framing such a scheme within six weeks. However, despite nearly two-and-a-half years having passed, no concrete steps were taken.
On Wednesday, the Bench noted that the government had only filed a status report containing minutes of a meeting held under the Chief Secretary in October 2024. As per the report, the meeting concluded that no welfare scheme was required for bar clerks in the capital.
After examining the report, the Court outrightly rejected the conclusion reached by the government authorities. The Bench made it clear that such an approach was unacceptable, especially when repeated judicial directions had already been issued.
The Court further pointed out that in July 2023, the Central government was also directed to take a decision on the issue. However, till date, no affidavit or response has been filed by the Centre.
In view of this, the Bench directed the Central government to also take a final decision on the issue within six weeks. The matter will now be taken up for further consideration in March.
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