Delhi HC: CM Advocate Welfare Scheme Discriminatory As It Is Applicable Only To Delhi Residents

Factual Background

• The name of the case is Govind Swaroop Chaturvedi and Ors. v. State of NCT of Delhi.
• A Committee of 12 members was constituted by the Delhi Government which would propose schemes for the welfare of advocates and an outlay of Rs. 50 Crores for 2019-20.
• Group (Term) Insurance, Medi-Claim, e-library and creche facilities were proposed by the Committee for the Advocates in Delhi. This proposal was accepted with the condition of applicability to practicing Advocates enrolled in the Bar Council of Delhi and holding voter IDs.
• Several petitions were filed in this regard seeking for extension of the ambit of the scheme to all people enrolled with the Bar Council of Delhi.

Court’s Observation

• The objective of the Welfare Scheme is commendable but the condition of making its application specific to Delhi residents with Voter ID would be discriminatory and arbitrary.
• The Court has placed reliance on the Bar Council of India Certificate and Place of Practice (Verification) Rules, the Advocates Act and the Bar Council of Delhi Rules, 1963 and observed that no importance has been provided to the place of residence of the Advocates in any of the provisions.
• The residential place is decided by the income level and not everyone can afford housing in Delhi but it does not essentially change the place of practice to be in Delhi.

Court’s Decree

• The Court decreed that the CMA Welfare Scheme should be extended and made available to all the advocates registered with the Bar Council of Delhi and also the residents in the National Capital Region.
• The decision was given by Justice Pratibha Singh.

What do you think of the CMA Welfare Scheme? Do you think the condition is justified? Let us know in the comments below!