The Supreme Court on Friday proposed the creation of a Young Lawyers’ Professional Assistance Fund to support junior advocates facing financial hardship, saying many promising lawyers are abandoning the profession, leading to a potential “brain drain” in the legal fraternity.
A Bench comprising Chief Justice of India Surya Kant and Justice V. Mohan issued notices to the Centre, all states and Union Territories on a plea highlighting the financial challenges faced by young lawyers during the early years of practice.
The petition, filed by a group of women advocates, also raised concerns over the accessibility, inclusiveness and long-term sustainability of women in the legal profession.
Observing that the issue of financial hardship among young advocates is gender-neutral, the court said first-generation lawyers often enter the profession without an established office, client base, library or reliable source of income. Many remain dependent on modest stipends paid by senior advocates or local bar associations, which are frequently inadequate to meet basic living expenses.
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The Bench noted that the absence of steady work and limited remuneration during the formative years of practice often forces capable lawyers to leave the profession altogether.
“It is this period of turmoil that often compels capable and promising young lawyers to abandon practice at the Bar altogether,” the court observed, warning that such attrition could weaken the legal profession’s ability to attract and retain talented individuals.
The court suggested that the proposed fund be placed under the control of the respective High Courts or an autonomous body constituted by the Union government in consultation with state governments.
It further suggested that contributions could come from experienced advocates, governments, a share of court fees and costs imposed in judicial proceedings. The court also proposed incentives such as tax exemptions and national honours to encourage donations.
The fund, the Bench said, should provide a monthly stipend-cum-honorarium to first-generation lawyers and those from economically and socially disadvantaged backgrounds during the initial years of practice. The assistance could continue for up to seven years, with support gradually reduced over time.
The matter has been listed for further hearing on July 17.
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