A Writ petition has been filed before the Supreme court seeking direction for a uniform national level scheme for financial aid to needy lawyers to deal with situation such as the present and unforeseeon similar situations in future .
The PIL has been filed by Executive Member of the Supreme Court Advocate on Record Association, Abhinav Ramkrishna who pointed out that lawyers across the country have been paying welfare amount upon filing of the Vakalatnama each time they make an appearance in court and the respondents are the Union of India through Secretary of Ministry of Law and Legal Affairs along with Bar Council of India and Bar Councils in the states.
The cause of action of the present public interest litigation relates to the financial assistance to lawyers across India in the wake of nation-wide lock down amid COVID-19 crisis many of whom are still awaiting help.
It was stated in the petition that the respondent Union of India through Secretary of Ministry of Law and Legal Affairs who is primarily responsible for the effective establishment of the judicial setup in this country has remained a mute spectator over the trouble being faced by the lawyers and till date.
The Bar council of India has on 23rd April, 2020 which is almost after 27 days of lock down announced the scheme, however, the same serves no purpose as the amount to be disbursed has been kept undecided.
The Petition thus raises the following important questions of law: –
1. 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?
2. 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?
3. 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?
4. 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?
5. 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.
It was mentioned in the petition that lawyers across the nation have been paying welfare amount upon filing of the vakalatnama each time they enter appearance and in the unprecedented situation like the present one, it is incumbent upon all the State Bar Councils to come clean with the amount of funds they have in the welfare account and once an amount 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 any welfare act, but the same is like ensuing an insult upon a needy lawyer.
Its stated in the petition that the state bar councils who though have formulated the scheme, invited the applications and have yet not disbursed the amount or scrutinized the application or even after scrutiny have not disbursed the amount or have not reached to the conclusion or figure what is to be disbursed, it is humbly submitted delaying the same is violative of Article 21 of the Constitution and the petitioner also mentioned that the Welfare Fund Scheme is intended for those advocates who struggle from inception of their profession and the object of Welfare Fund Act is to provide welfare or social security benefits to the advocates who are fully committed to the profession of law.
“the present situation has left most the lawyers practicing in small town indigent and economically weak and therefore the welfare scheme should not sound like diktat. it is necessary at this point in time for Respondent Central Government to work in tandem with the other Respondents and formulate uniform scheme for all lawyers for the purpose of welfare. the State Bar Council of Bihar and Jharkhand have not devised any scheme till date to aid and assist the needy lawyers, the petitioner whose roots lies in the State of Bihar, is aware of the position of the lawyers in the various parts of the state, they stand at a disadvantageous position because of no proper development still having taken place”, said by the petitioner.
Therefore, the petitioner seeks directions to prepare a uniform national level scheme to deal with the present situation and similar situations if arisen in future and to furnish the accounts of Advocates welfare fund and also to immediately devise the scheme for financial aid to the needy lawyers.
-India Legal Bureau