Plea in Supreme Court Seeks Uniform Financial Assistance Scheme on Pan India Level for Lawyesr During COVID-19 Lockdown.

(Judicial Quest News Network)

A PIL has been filed in Supreme Court to draw up a uniform financial assistance scheme for the Lawyers across India during emergencies like present outbreak of COVID-19 Pandemic and other in future,

Petitioner, Mr. Abhinav Ramkrishna who is a practicing Advocate on Record before this Hon’ble Court and a Executive Member of the Supreme Court Advocate on Record Association.

The Petitioner submits that he has been a witness to the hardship faced by the members of the legal fraternity, more particularly the lawyers who earn their bread and butter from litigation by making daily appearance in the court and also by filing of the various petitions on behalf of the client, which is by rule is always accompanied by a vakalatnama upon which a substantial

amount of welfare stamp is affixed, according to rules farmed by the different State Bar Councils in consonance and conformity with the respective State Government and the Bar Council of India.

It is pertinent to mention that since the bodies like Bar Council of India and the State Bar Councils are the creation of the statute and falls under the categories of other authorities within the meaning of Article 12 of the Constitution of India,

The petitioner says that since the nation-wide lockdown being announced by the Govt of India, the functioning of the judicial institution has been affected to the extent that only a matter of emergent nature is being listed or heard and that too through video conferencing.

“Whether or not the decision of the various State Bar Councils to merely extending a paltry sum as one-time payment for loss of work and income to the lawyers for sustenance, can be termed as dignified treatment and

thus, violative of Article 21 of the Constitution?”

He further submits that the “THE ADVOCATES’ WELFARE FUND ACT, 2001: The Advocates’ Welfare Fund Act, 2001 enacted by the Parliament enjoins the appropriate Government to

constitute a fund to be called the “Advocates’ Welfare Fund” with the object of providing social security in the form of financial assistance to junior lawyers and welfare scheme for indigent or disabled advocates. The statement and objects read as under: –

“Social security in the form of financial assistance to junior lawyers and welfare schemes for indigent or disabled advocates, has long been a matter of concern for the legal fraternity. Clause (a) of subsection

(2) of section 6 and clause (a) of sub-section (2) of section 7 of the Advocates Act, 1961, confer powers on State Bar Councils as well as the Bar Council of India, inter alia, to constitute through their rules one

or more funds for the purpose of “giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates”. Sub-section (3) of Section 6 and sub-section (3) of section 7 of the

Advocates Act further provide that a State Bar Council may receive grants, donations, gifts or benefactions for the said purpose which shall be credited to the appropriate fund or funds constituted under subsection (2). Welfare schemes have accordingly been introduced in some States. Most of the States have enacted legislations on the subject. However, there is neither any uniformity nor the said provisions are

considered adequate. Moreover, the Advocates Act does not authorise levy of any welfare fund stamp on vakalatnama. There has, therefore, been felt a need for a Central legislation applicable to the Union territories and the States which do not have their own enactments

on the subject, for constitution of “Advocates’ Welfare Fund” by the appropriate Government. The Fund will, inter alia, be composed of contributions made by a State Bar Council, any voluntary donation or

contribution by the Bar Council of India, advocates’ associations, other associations or institutions or persons, any grant made by the appropriate Government, sums collected by way of sale of “Advocates’ Welfare Fund Stamp.”

Ramkrishna has contended that once an amount is said to be have been disbursed under a welfare scheme during a national crisis, “once an mount is said to be have been disbursed under a welfare scheme during the time national crisis, giving the same a colour of debt/loan is not only against the objective of my welfare act, but the same is like ensuing an insult upon a needy lawyer”

Following are the questions led down by the petitioner :

I, Whether or not this Hon’ble Court in exercise of its power under Article 142 of the Constitution of India can extend the statement of object and scope of the Advocates’ Welfare Fund Act 2001, in this hour of emergent national crisis which has adversely impacted the legal professionals?

II. Whether or not the decision of the various State Bar Councils to merely extending a paltry sum as one-time payment for loss of work and income to the lawyers for sustenance, can be termed as dignified treatment and thus violative of Article 21 of the Constitution?

III. Whether or not in a given situation at hand, can a decision of the state bar councils to put a cap of annual income, as a pre-requisite condition to grant aid and assistance to any lawyer is violative

of Article 14 of the Constitution?

IV. Whether a lawyer on ground of his years of standing at bar or filing of income tax returns can be deprived of the benefit if he/she needs financial assistance?

V. Whether or not in a given situation at hand, can a decision of the state bar councils can be permitted to grant financial aid under the guise of the loan, especially when the fund is to be released from welfare account?

[Read the Petition]