Delhi High Court Issues Notice On Plea For Inclusion Of Advocates As 'Professionals' Under MSME Act For Availing Welfare Schemes

The Delhi High Court today issued notices on a PIL seeking inclusion of Advocates within the definition of "Professionals" under the MSME Act, for the purpose of accessing welfare schemes.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice to the MSME Ministry, Finance Ministry, Bar Council of India and the RBI, after hearing Advocate Abhijit Mishra, appearing as a party in person.

The plea states that the MSME Ministry does not consider Advocates as eligible professionals for accessing the progressive schemes of the Government of India. It is submitted that prejudiced eligibility criteria of having GSTN, Business PAN, TAN as mandatory requirement in order to be eligible to access the development schemes of the Government of India is against the welfare of the Advocates.

It is further submitted that the Government of India has not introduced any development schemes for the welfare of the Advocates such as training platform or access to the collateral free loans for purchase of the equipment such as laptops, printer and scanner etc. for accessing the E-Courts.

In this backdrop, it is stated,

"Profession of Advocates hold imminent position under the aegis of Article 22 Constitution of India which is the fundamental rights of every citizen to consult only the Advocate. However, lack of infrastructure and equipment with the Advocates is leading to the serious pendency issues with the Honorable Courts."

It is thus urged that that Advocates should be included within the MSME Act for accessing the welfare schemes of the Government. It is also prayed that the Department of Financial Services under the Finance Ministry should develop banking products and schemes in consultation with the Bar Council of India for the Advocates' welfare.

Mishra further prays that RBI should be directed to issue guidelines to banks to extend collateral free loans, credit facilities and schemes to Advocates, under aegis of Section 20 of MSME Act, in consultation with the Bar Council of India. A direction is also sought upon the Bar Council of India to initiate digital adoption training programs for the Advocates for embracing digital technology for the administration of justice.

Earlier, Mishra's plea on this subject was dismissed by the Chief Justice led bench saying that Advocates are capable enough to approach the Court, if aggrieved. It was stated that As and when any Advocate will approach the Court, decision can be taken on merits.

Today, Mishra informed the Court that this requirement has been fulfilled.

Accordingly, the Bench has issued notice and posted the matter for hearing on 12th October.

Case Title: Abhijit Mishra v. Union of India