CJI Sanjiv Khanna advocates minimum stipend for junior lawyers

Chief Justice of India (CJI) Sanjiv Khanna on Friday came out in support of the Bar Council of India's (BCI) recent proposal to have a minimum stipend for junior lawyers or new entrants to the legal profession.

CJI Khanna noted that young lawyers often choose corporate or in-house roles over a career in litigation, not out of personal choice but in the interest of financial security.

"Today we are witnessing a concerning trend where bright, young legal minds are increasingly gravitating towards corporate law firms or leaving law altogether to pursue managerial roles. While corporate practice or house roles certainly come with their own merit, we must ask ourselves - are we, the torchbearers of the legal community, somehow failing to guide the young lawyers towards public interest work? Who will represent the common citizens in future? The exodus of young talent from litigation practice is not merely about personal choice. Rather, it is symptomatic of structural issues such as meagre financial and social security in the profession, especially for first-generation lawyers," he said.

One way to tackle such issues is to give a minimum stipend for junior lawyers in the first few years of their legal practice, CJI Khanna added while referring to the BCI's recent proposal for the same.

This way, young lawyers can make informed career choices without letting financial security become the sole deciding factor, the CJI observed.

"To attract a community of young lawyers dedicated to serving the public, we must work towards making our profession a more conducive space, address entry-level barriers, and promote support. One step towards addressing these challenges is creating a minimum remuneration standard for young advocates in the first few years of their practice ... This would hopefully give early exposure to the young lawyers in the courtroom practice so that they can make informed career choices rather than defaulting towards corporate paths," he said.

CJI Khanna was speaking at an event organised by the BCI to felicitate him after his recent elevation as the Chief Justice of India.

In his address, the CJI also spoke on the crucial roles played by advocates in the justice system. Although judges are often viewed as the face of the judiciary, "judiciary" is a term that denotes lawyers as well, CJI Khanna said.

"Judges are indeed a vital part of the judiciary, perhaps the most visible part. (But) judiciary is incomplete without advocates. Judiciary is in fact a collective name for the Bench and the Bar," he said.

He went on to highlight that lawyers are the first connecting link between the citizens and judges. Lawyers, in their wisdom, not only assist the Court but fundamentally shape the law of the land by giving meaning to the words of statutes, he said.

"We, the judges come from and go back to the Bar. In a way, we belong to the bar. The better the Bar, the better are the judges ... Lawyers voice diverse perspectives and grievances. This not only makes the judiciary, but also our democracy, vibrant. It is this plurality of voices in the courtroom that play out through the deliberative process between a lawyer and a judge ... Lawyers come from diverse backgrounds in the Supreme Court. This diversity contributes immensely to the court's advantage ... It is through the lawyers that the Bench grasps the nuances of the lived experiences of the parties ... Collaboration between the Bench and the Bar is crucial in upholding the spirit of justice. For these reasons, a well prepared lawyer is an asset to the judiciary. It also means, it is a tall burden cast on all of you (lawyers) - an oath no less than that of a judge," he added.

He went on to observe that judges and lawyers have a role to balance and acts as checks on each other. He added that both the Bench and the Bar are ultimately accountable to the public, and the criticisms on issues such as long adjournments and delays due to backlogs should be viewed from this perspective.

"Accountability checks must not be mistaken as confrontation. We are both a accountable to the public as a judiciary. For example, addressing the issue of adjournments is not a critique of the judges or advocates. It speaks to the judiciary's commitment to improve as a whole. Thought unelected, we are always accountable to the public and under their constant scrutiny. Today, we must acknowledge the challenges that continue to hinder functioning of the bench, the bar and the judiciary," he said.

The CJI also noted that while India has one of the largest lawyer communities in the world, issues of delays in cases, lack of speedy and quality justice persist. In such a scenario, he made an appreciative note of the fact that lawyers today are increasingly guiding clients on the option to go for more dialogue based methods of alternative dispute resolution.

"One of the effective ways to enhance accessibility (to justice) and also assist the courts in efficient justice delivery system is through embracing resolution oriented approaches, particularly alternative dispute resolution methods. By promoting mediation and pre litigation negotiations, lawyers can help reduce the case backlog ... This is visible. Today lawyers proactively guide clients towards dialogue based resolutions, explaining the trade offs between litigation and mediation. We have evolved into skill negotiators both inside and outside courtrooms," he observed.

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