Today(on 12th June),The Madras High Court has instructed the TN Bar Council to ensure junior lawyers receive a monthly stipend to ease their financial challenges. The circulars will mandate stipends ranging from Rs.15,000 to Rs.20,000 across Tamil Nadu and Puducherry.
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CHENNAI: Today(on 12th June), The Madras High Court has mandated the Bar Council of Tamil Nadu and Puducherry (TN Bar Council) to ensure that all junior lawyers registered with them receive a minimum monthly stipend. This directive, aims to alleviate the financial struggles faced by fresh law graduates entering the profession.
A bench of Justices SM Subramaniam and C Kumarappan directed the TN Bar Council to issue circulars to all bar associations within the State of Tamil Nadu and the Union Territory of Puducherry. The circulars will mandate the payment of a minimum monthly stipend ranging between Rs.15,000 and Rs.20,000 to junior lawyers.
Specifically, the court ordered that junior lawyers practicing in Chennai, Madurai, and Coimbatore should receive a minimum monthly stipend of Rs.20,000. For those practicing in other cities across Tamil Nadu and in Puducherry, the minimum stipend should be Rs.15,000.
The court emphasized that the calculation of this minimum stipend took into account the “basic living costs and the prevalent cost index” in Tamil Nadu. This measure is intended to provide junior lawyers with a fair and sufficient amount to cover their living expenses as they establish their legal careers.
The TN Bar Council has been tasked with holding a meeting to determine the eligibility criteria for who qualifies as a “junior advocate.” According to the court’s order, eligible junior advocates must be fresh law graduates who are currently practicing in courts across the State.
In their order, the bench articulated the rationale behind this directive, stressing the importance of supporting young lawyers during the early stages of their careers.
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The bench stated:
“Why subject young lawyers to the hardships we endured? Let’s unite to establish a supportive environment for them. Enduring financial struggles as junior lawyers shouldn’t be inherent to our profession. It’s unacceptable and degrading to expect them to tolerate unpaid work. Article 21 guarantees the right to livelihood, which extends to young law graduates. While they’re here to learn, they deserve compensation. Their financial constraints shouldn’t hinder their learning.”
This directive from the Madras High Court is a landmark decision in the legal fraternity of Tamil Nadu and Puducherry. By ensuring a minimum monthly stipend for junior lawyers, the court aims to create a more supportive and equitable environment for new entrants to the profession. This move is expected to not only ease the financial burden on young lawyers but also encourage more graduates to pursue a career in law without the fear of financial instability.
The decision reflects a growing recognition of the need to support junior lawyers and acknowledges the significant challenges they face. It is a step towards ensuring that the legal profession remains attractive and accessible to talented individuals, regardless of their financial background.
the High Court has directed the Tamil Nadu Bar Council to issue a circular mandating the payment of stipends to junior lawyers within four weeks. The council is required to report its compliance to the court by July 10. This directive comes in response to a petition urging the government of Puducherry to allocate funds towards the Puducherry Advocates Welfare Fund.
Advocate CK Chandrasekar, representing the Tamil Nadu Bar Council, conveyed that the Council agreed to the payment of stipends to junior lawyers but requested two months to implement such a circular. However, the bench emphasized the urgency of the matter and instructed the council to issue the circulars within four weeks.
“The council is tasked with ensuring compliance with this directive and is required to report back to the Court by July 10.”
-the bench asserted.
During the hearing, the Puducherry government stated that it was not opposed to allocating funds for the Advocates Welfare Fund but attributed the delay to “internal conflicts” among various lawyer bodies in the Union Territory. The Court directed the local bar associations to collaborate and resolve these conflicts within four months. This step is crucial for the proper allocation and utilization of the welfare funds for the benefit of lawyers in Puducherry.
The Court further mandated that the Tamil Nadu Bar Council’s circular must explicitly mention that there should be no discrimination based on gender identity in the payment of monthly stipends to lawyers.
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Highlighting the importance of gender equality, the Court remarked-
“The Court also emphasizes the gender pay gap, an often overlooked issue that requires attention. The minimum stipend should be extended to all lawyers regardless of gender identity, encompassing not only women but also transgender individuals.”
On June 6, the bench had previously passed an order expressing concern over senior lawyers not paying even a minimum stipend to junior lawyers working under them. The Court noted that this practice amounted to exploitation and a violation of fundamental rights. The bench emphasized that junior lawyers, who play a crucial role in the legal profession, deserve fair compensation for their work. This recent order reiterates the Court’s commitment to safeguarding the rights and welfare of junior lawyers.
