Punjab & Haryana High Court Ignites Change with Notice to BCI in PIL for Minimum Remuneration Standards for Young Lawyers and Law Interns. Advocates Vivek Tiwari and Abhishek Malhotra filed a Public Interest Litigation (PIL) urging the establishment of standardized stipend and remuneration guidelines. The PIL emphasizes a minimum stipend of Rs.15,000 for junior advocates and Rs.5,000 for law interns underscoring the glaring disparity in earnings compared to unskilled laborers. The call for a regulatory framework mirrors pleas for fairness in line with other professional bodies challenging the status quo.
CASE DETAILS:
Vivek Tiwari and another v. Bar Council of India and another
CWP-PIL-15-2024
Punjab & Haryana High Court
Coram: Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta
CONTENTIONS IN PIL:
- Advocates Vivek Tiwari and Abhishek Malhotra have filed a Public Interest Litigation (PIL) urging the BCI and the Bar Council of Punjab, Haryana & Chandigarh to establish standardized stipend and remuneration guidelines. The PIL calls for a minimum stipend of Rs.15,000 for young, junior advocates and Rs.5,000 for law interns.
- It further requests the court to direct against restricting junior advocates from filing independent matters citing financial exploitation and a violation of their fundamental right to earn a livelihood under Article 21.
- The plea emphasizes the stark disparity between the basic minimum wage for unskilled laborers and the low pay received by educated professionals including law graduates.
- The petitioners argue for a regulatory framework akin to other professional bodies to ensure fair remuneration for new advocates.
OBSERVATIONS:
Upon examining the representation submitted by the petitioners, the Punjab & Haryana High Court acknowledged the mention of the Kerala Government’s scheme regarding minimum stipends for lawyers and law interns although the specific details were not provided in the record.
Responding to THE plea seeking standardized stipend and remuneration guidelines for young lawyers and law interns, the division bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta issued notice to the Bar Council of India (BCI) and the Bar Council of Punjab, Haryana & Chandigarh. The court also directed the petitioners to present the details of the Kerala Government’s scheme which outlines a stipend of Rs. 3,000 per month for lawyers under 30 years of age with less than 3 years of law practice and an annual income below Rs. 1,00,000.
This Noteworthy Move Sparks Hope for Young Lawyers. In response to Vivek Tiwari and Abhishek Malhotra’s PIL, the court issued a notice to BCI initiating a potential paradigm shift. The plea advocating for standardized stipends and a ban on restricting junior advocates highlight financial exploitation concerns. Acknowledging the Kerala Government’s scheme, the court seeks clarity on fair compensation. This PIL underscores a crucial push for remuneration reform in the legal profession setting the stage for positive change and fair practice.
