Delhi High Court: CM Advocates' Welfare Scheme’s applicability to only Delhi Residents is discriminatory
About the Scheme-
The Delhi Government had constituted a Committee of 12 members on 29th November, 2019 to propose schemes for the welfare of advocates, and an annual outlay of Rs.50 crores was created for the year 2019-20 for the said purpose. Further, in December 2019, the Committee proposed the rolling out of Group (Term) Insurance, Group Medi-Claim, e-library, and creche facility for advocates in Delhi towards the utilization of the Scheme fund.
Issues-
A condition in the Scheme says that the benefit of the same will only be available to such advocates whose names appear in the voters list of Delhi. A large number of advocates who are enrolled with the Bar Council of Delhi and practising in various District Courts, the High Court, the Supreme Court and other fora, have been excluded due to this condition, as they are not residents of Delhi but reside outside Delhi, predominantly in the NCR region in areas such as Noida, Gurugram, Faridabad, Ghaziabad etc
Delhi High Court ruling-
The condition that it would apply only to Delhi residents with Voter ID cars is discriminatory and arbitrary.
The benefits of the Welfare Scheme have to be extended to all advocates registered with the Bar Council of Delhi, and are residing in the National Capital Region (NCR).
Insofar as advocates are concerned, primacy is given to the place of practice and not to the place of residence of the advocate.
