The Bar Council of Kerala under The Kerala Advocates’ Stipend Rules, 2021 has notified rules of payment to be made to young lawyers while exercising its powers conferred under Section 27 r/w Section 9(2(g) of the Kerala Advocates’ Welfare Fund Act, 1980.

As per the notification issued under The Kerala Advocates’ Stipend Rules 2021 on December 18, 2021 a payment of stipend upto Rs 5,000 a month is to be made to lawyers who have an annual income not exceeding than Rs 1 lakh and have been practicing at the bar for a period of less than three years.

Accordingly, the Trustee Committee will release the funds for the stipend on a monthly basis which is to be transferred directly into the applicant’s bank account.

The stipend payable to the lawyers must not be more than Rs 5,000 per month. The Trustee Committee shall determine the stipend payable to the advocates with prior with the prior approval and discussion with the Government bodies.

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Previously the Kerala High Court had hauled up the Kerala Bar Council for the delay over implementation of paying stipend of Rs 5,000 per month to junior lawyers, which was already sanctioned in March 2018 by a Government order.

To be eligible for the said stipend, the age of the lawyer should not exceed more than 30 years and the stipend is to be granted for a period of 3 years from the date the advocate has cleared the AIBE (All India Bar Examination) or till the advocate is 30, whichever of the two conditions is earlier.

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An application is to be submitted in the prescribed format under the Kerala Advocates’ Stipend Rules, of the Kerala Advocates’ Welfare Fund Act, 1980 along with documents supporting their eligibility for receiving the monthly stipend of Rs 5,000 a month. Stipend is subject to the satisfaction of the Trustee Committee and not as a right under the Rules.

Advocates furnishing false information or creating a false document in order to get the benefits under the Rules or the person issuing such false certificate/ information will be liable for suo-motu disciplinary proceedings for professional misconduct under the Advocates Act, 1961 along with criminal prosecution upon them.

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In the event of any advocate leaving the advocate’s profession within 10 years from the date of passing the AIBE conducted by the Bar Council of India. They have to refund the amount received as stipend within two years from the date of leaving the profession.

The Kerala High Court was informed by State Bar Council that it will take a decision regarding commencement of ‘enrollment’ process via video-conferencing considering the present situation. 

A Single bench of Kerala High Court on Tuesday on plea of law graduate seeking enrollment through video conferencing disposed off writ petition considering the statement of Bar Council of Kerala that they will take an informed decision without delay.

The petitioner Hari Krishnan being law graduate unable to be enrolled in Bar Council of Kerala due to lockdown “COVID-19” contended that the Bar Council should conduct enrollment of petitioner and other similarly situated law graduates through video conferencing. The petitioner further submits that the request for a subsequent physical enrollment may also be considered by the Bar Council.

The Counsel for Bar Council of Kerala submits that the Enrollment Committee of the Bar Council has met and considered the request for conducting of an enrollment through video conferencing. Further submits that a favourable decision has been taken by the Enrollment Committee, which has now been placed before the Bar Council for appropriate decision. The Bar Council is considering the issue and that a decision will be taken without undue delay.

Justice Anu Sivaraman opined that since it is for the Bar Council to take an informed decision on the request for conduct of enrollment through video conferencing taking note of the prevalent situation, considering the statement of Bar Council of Kerala that they will take an informed decision without delay, disposed off the Petition.

-India Legal Bureau