Delhi High Court Issues Notice On BCD’s Appeal Against Single Judge's Direction Asking It To Contribute Towards Budget Of CM Advocates Welfare Scheme

The Delhi High Court on Friday issued notice on an appeal moved by Bar Council of Delhi (BCD) against the Single Bench's directions asking it to contribute towards the budget announced by Delhi government for Chief Minister Advocates Welfare Scheme, which is an insurance scheme for lawyers. The court in the 2021 ruling had observed that Delhi government cannot be made to solely bear the burden of providing the insurance premium and BCD must fund the annual deficit which may arise.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of the Delhi Government and Union of India and listed it for hearing along with similar batch of petitions on April 12.

The single bench had ruled that the Scheme shall be extended to all advocates registered with the bar council and whose names and credentials are verified, without insistence of Delhi Voter ID. While Delhi government has already challenged the decision, the BCD has supported the findings on this aspect and argued that advocates enrolled with it constitute a class by themselves under the Advocates Act and that there cannot be a class within a class.

Justice Prathiba M. Singh in the same ruling had also observed that since the pool of advocates has increased, the total premium for life and Mediclaim insurance may be more than the budget outlay of Rs 50 crores. "The BCD which has been unable to provide for group insurance for advocates, ought to complement the efforts of the GNCTD which has clearly taken the position that the issue is not being treated in an adversarial manner. Thus, the deficit on a year-to-year basis, beyond the budgeted amount of the GNCTD, shall be funded by the BCD," the court had said.

The bench had suggested that the BCD can utilize its own funds or seek voluntary contribution from senior advocates. It had also said that the BCD can collect some part of the premium from the advocates who are beneficiaries of the scheme. 

“The directions given in Para 124 (c) and Para 125 of the impugned judgment are totally perverse, arbitrary, baseless and contrary to the records,” the BCD has said in the petition filed through advocate K. C. Mittal. 

It has argued that it is the primary responsibility of the government "to fulfil the scheme and make it applicable to all the advocates, irrespective of any financial restriction or any other arbitrary and discriminatory condition".

BCD has also sought opening up of portal of CM Advocates' Welfare Scheme for registration of all advocates enrolled with the lawyers’ body, irrespective of their place of residence, and those who could not register themselves earlier due to various constraints.

The portal was closed for registration on April 19, 2020 amid the COVID-19 pandemic after a short extension, it has alleged. 

It has submitted that the authorities rejected the request for further extension of registration on the portal in an arbitrary, unjustified and illogical manner.

“It is submitted that a large section of the Advocates residing in Delhi/New Delhi have also been excluded from the application of Chief Minister Welfare Scheme only on the ground that they do not possess the Voter ID, as such not only who are residing in NCR, who are practicing in Delhi and even those who are in Delhi have been excluded,” the plea states.

It has been submitted that once the scheme has been promulgated by the Delhi Government, all the advocates enrolled with BCD would be legally entitled to the benefit which cannot be restricted or denied on the ground of budgetary allocation.

“However, the Hon'ble Single Judge erred in issuing the impugned direction for collection of funds by Bar Council of Delhi,” the plea states.

Title: BAR COUNCIL OF DELHI v. GOVERNMENT OF NCT OF DELHI & ORS.