CM Advocates’ Welfare Scheme Applicable To Delhi Lawyers Residing In NCR Region

The Delhi High Court on Monday directed that the Delhi government's Chief Minister Advocates’ Welfare Scheme should be extended to all the lawyers who are registered under the Bar Council of Delhi regardless of their place of residence is in Delhi or the National Capital Region (NCR) region.  

In March 2021, the petition to extend the Chief Minister Advocates’ Welfare Scheme to all advocates registered with the Bar Council of Delhi was filed. (Govind Swaroop Chaturvedi and ors v. State of NCT of Delhi and ors, Bar Council of Delhi v. Govt NCT of Delhi and ors). 

During the hearing of the matter, the petitioner, Mr. G.S. Chaturvedi submitted that “the eligibility criteria of insisting on a voter ID card is completely violative and discriminatory, inasmuch as the purpose of the Scheme is to give recognition and benefit to advocates, who are practicing in Delhi”. He also added that advocates practicing in Delhi and residing in the NCR region also contribute to providing justice.  

Emphasizing the undertakings given by the advocates registered with the Bar Council of Delhi, he said that according to the undertaking, the advocates are permitted to practice in Delhi even if they live in the NCR region and the only thing that has to be done is, informing the Bar Council of Delhi if there is a change in address of any advocate. Moreover, these advocates cannot register themselves in their respective State Bar Council so they become ineligible for welfare schemes of advocates that are there for the advocates of those Bar councils, which is a huge disadvantage for the advocates of the NCR region said the petitioner.  

Justice Pratibha Singh said, “the condition in the Scheme that it would be applicable only to residents in Delhi with Voter IDs, is held to be discriminatory and arbitrary as the sub-classification from amongst the advocates enrolled with the Bar Council of Delhi, has no rational nexus with the object to be achieved”. Hence, the scheme must be extended for all the advocates registered with the Bar Council of Delhi, with verified names and credentials without the need of showing Voter ID for residence in Delhi. The court’s further rulings mentioned:  

• For the current year’s policies, all advocates who had registered themselves and are eligible for the benefits under the Scheme shall be extended the benefits.  
• Eligible advocates, who had registered within the deadlines prescribed, as per this judgment, who have been left out shall now be included and the policies/coverage, on the same terms, for the remaining period of the current year, shall be procured from the LIC and NIACL by 31st July 2021.