Delhi High Court Orders Timely Resolution on Enacting Laws for Welfare of Clerks of Lawyers

Delhi HC Bar Association Law Insider

LI Network

Published on:16 July 2023 at 15:47 IST

In a significant development for the welfare of clerks employed by lawyers, the Delhi High Court has directed the Delhi government and the Central government to address the issue and enact necessary laws within a six-week timeframe. The court’s decision comes as a response to a plea seeking better protection and improved working conditions for clerks serving in legal profession across the country.

A division bench headed by Chief Justice Satish Chandra Sharma emphasized the importance of recognizing the rights and improving the conditions of clerks, who play an integral role in the functioning of the legal system. The court expressed concern over the lack of statutory provisions safeguarding the welfare of clerks and urged the authorities to take prompt action.

During the hearing of a petition filed by the Delhi High Court Bar Clerks Association, which sought the implementation of various welfare measures such as provident fund, pensions, and group insurance policies, the court acknowledged the legislative actions taken by other state governments in this regard. The court expressed its observation that the Government of National Capital Territory of Delhi (GNCTD) should make sincere efforts to address and resolve the matter.

The plea highlighted various challenges faced by clerks, including long working hours, inadequate remuneration, lack of social security benefits, and limited opportunities for career growth. It argued that clerks are an essential part of the legal fraternity and contribute significantly to the smooth functioning of courts and legal proceedings.

The Delhi High Court, while acknowledging the crucial role played by clerks, noted that their concerns and grievances deserve attention and resolution. The court directed both the Delhi government and the Central government to collaborate and enact laws to ensure the welfare and protection of clerks employed by lawyers.

The six-week deadline set by the court reflects the urgency and importance attached to resolving the issue. The court expects the authorities to engage in meaningful deliberations and consultations with stakeholders, including representatives from the legal profession, to formulate comprehensive legislation that addresses the concerns raised by clerks.

Legal experts and advocates have welcomed the Delhi High Court’s decision, considering it a significant step towards recognizing the contributions and rights of clerks in the legal profession. They believe that the enactment of specific laws will help establish a framework for fair remuneration, improved working conditions, and career advancement opportunities for clerks.

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