Bombay HC Says ‘Not Without Law’

If you’re a fresh law graduate or a junior advocate trying to build your career in courts of India, you already know how financially difficult the early years can be. Long hours, uncertain income, and high living costs often make it tough for young lawyers in India to survive in the profession.

In recent news, a petition was filed in the Bombay High Court asking for a monthly stipend of ₹5,000 to be paid to junior lawyers in Maharashtra. The petition sparked an important legal discussion: Can young lawyers legally demand a stipend from the Bar Council? Here’s a simple breakdown of what happened, what the court said, and what it means for you.

What Was the Case About?

A Public Interest Litigation (PIL) was filed by Ajit Deshpande (a law student at the time) and a group of young advocates. The PIL demanded that the Bar Council of Maharashtra and Goa (BCMG) should pay ₹5,000 per month to lawyers with less than 3 years of practice, especially those earning less than ₹1 lakh annually.

The reason? Many fresh law graduates are financially struggling, especially after the COVID-19 pandemic. The early years in the legal profession often involve unpaid or low-paid work under senior advocates, with no fixed salary or security.

The PIL also referred to other Indian states like Delhi, Tamil Nadu, Kerala, Andhra Pradesh, and Jharkhand, where some form of stipend or financial aid is already given to junior lawyers through state-supported schemes.

What Did the Bombay High Court Say?

The case was heard by Chief Justice Alok Aradhe and Justice Sandeep Marne on June 25, 2025.

The judges clearly stated that they personally support the idea of a stipend for junior lawyers. In fact, they went on to say that in a city like Mumbai, the cost of living is so high that a young lawyer might even need ₹45,000 a month to survive.

But here’s where it got complicated — the court asked a very important question:

“Is there a legal or statutory right that allows you to claim this stipend?”

The judges explained that while the idea may be good in principle, the court cannot pass an order unless there is a law that supports it. They also asked:

• How is this matter in the public interest?
• Who will provide the money?
• Does the Bar Council have any legal obligation to pay stipends?

BCI Guidelines vs Legal Enforceability

In response, the petitioners pointed out that the Bar Council of India (BCI) had issued guidelines recommending stipends:

• ₹20,000/month for junior lawyers in urban areas
• ₹15,000/month for those in rural areas

These recommendations were issued after a directive from the Delhi High Court in July 2024.

However, the Bombay High Court clarified that recommendations are not the same as binding law. While the BCI can suggest welfare measures, it cannot mandate a stipend unless there is a proper statutory provision or legislation backing it.

Bar Council of Maharashtra and Goa: No Funds

The Bar Council of Maharashtra and Goa (BCMG), represented by Advocate Uday Warunjikar, told the court that:

• They do not have the funds to implement a stipend scheme.
• The Maharashtra government refused to support the idea or allocate funds.
• A stipend scheme for all junior lawyers would cost around ₹155 crore per year.
• The enrollment fee for new lawyers has already been reduced from ₹15,000 to ₹600, causing a major drop in revenue.

This made it clear that the financial burden of such a policy is too heavy for the Bar Council alone to handle.

Court’s Final Direction

After hearing all parties, the court said it could not proceed without answers to two key questions:

1. Is there any legal or statutory right for junior lawyers to receive a stipend?
2. Is the Bar Council under any legal obligation to pay it?

The case has been adjourned for 2 weeks, and the petitioners have been asked to come back with proper legal reasoning and supporting documents.

Where Does the Law Stand on This?

Let’s look at the current legal position under the Advocates Act, 1961:

So, while the BCI has powers related to welfare, it does not have a statutory duty to pay stipends. Until there is a proper law or scheme passed by Parliament or a state government, courts cannot force Bar Councils to pay money.

Lawyer’s Stipend: Comparison with Other States

The petitioners had highlighted that several Indian states already provide support to junior lawyers. Here’s how they compare:

This comparison shows that state governments play a key role. Without government support, Bar Councils often don’t have the financial resources to run such large-scale welfare programs.

Why This Matters to You

If you’re a law student or a junior lawyer, this case directly affects your future in the profession. It raises some very important questions:

• Should the legal profession offer a safety net for young entrants?
• Can courts step in when there is no law backing a demand?
• How should the Bar Councils and governments work together to support new lawyers?

This is not just about ₹5,000 a month. It’s about making sure that talented young professionals are not forced to leave the legal field just because they cannot afford to stay.

What’s the Way Forward?

The Bombay High Court has shown strong moral support but also reminded everyone that personal belief cannot override the legal process. For any change to happen, one or more of the following will be needed:

• A state government-backed scheme providing stipends
• A new law passed by Parliament or state legislatures
• Increased funding to Bar Councils via enrollment or grants

Until then, junior lawyers will have to wait for a more inclusive and financially supportive legal system.

Final Thoughts

This case is a reminder that even good ideas need a legal foundation. While courts can interpret the law, they cannot create one. If you want real change, it might take more than a PIL – it might take legislation, political will, and collective demand from the legal community.