New Delhi: Advocates welfare fund transparency has come under judicial scrutiny after the Delhi High Court issued notice on a Public Interest Litigation (PIL) seeking greater transparency in the functioning of the fund.
The petition also seeks an online portal for advocates to access information related to fund income, expenditure, audits, investments, and welfare benefits. The matter is based on provisions of the Advocates’ Welfare Fund Act, 2001 and the Delhi Advocates’ Welfare Fund Rules, 2001.
Advocates Welfare Fund Transparency: Delhi High Court Seeks Responses On PIL
The Delhi High Court has issued notices to the Union Government, Delhi Government, Bar Council of Delhi, and the Advocates’ Welfare Fund Trustee Committee, Delhi.
A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela sought responses from the concerned authorities regarding the issues raised in the petition. The PIL was filed by the First Generation Lawyers Association (FGLA).
What Does The PIL Seek
The petition seeks complete disclosure of information relating to the Advocates’ Welfare Fund. This includes details of income, expenditure, investments, audit reports, bank accounts, welfare payments, and the overall financial position of the fund.
According to the plea, advocates contributing to the fund should have access to information about how the money is managed and utilized.
Online Portal For Advocates
The petition also seeks the creation of a dedicated online portal. The proposed portal would allow advocates to:
- Apply for welfare benefits online.
- Seek financial assistance digitally.
- Track the status of their applications.
- Access audit reports and financial records.
- View updated information regarding fund utilization.
The plea argues that a digital system would improve transparency and accountability.
What Is The Advocates’ Welfare Fund
The Advocates’ Welfare Fund is a statutory fund created for the welfare and benefit of advocates. Lawyers contribute to the fund at the time of enrollment and through Welfare Fund stamps used during professional practice.
In Delhi, advocates are required to affix a ₹25 Welfare Fund stamp on every Vakalatnama.
The fund is intended to provide financial assistance, welfare benefits, medical support, and other forms of aid to eligible advocates.
Advocates Welfare Fund Transparency: Financial Details Mentioned In The Petition
According to the PIL, between the financial years 2001-02 and 2020-21, the fund reportedly generated an income of approximately ₹22.54 crore.
During the same period, around ₹7.13 crore was reportedly disbursed towards medical benefits, welfare assistance, and ex-gratia payments.
The petition further states that as of March 4, 2021, approximately ₹5.17 crore was held in bank accounts and ₹10.39 crore in fixed deposits. This reportedly brought the total corpus to nearly ₹15.57 crore.
RTI Request And Information Dispute
The petitioner stated that an RTI application was filed seeking:
- Annual accounts.
- Audit reports.
- Details of expenditure.
- Utilization records.
- Minutes of Trustee Committee meetings.
- Information on investments and payments.
Response From Bar Council Of Delhi
According to the petition, the Bar Council of Delhi declined to provide the requested information.
It reportedly stated that the Trust does not receive financial support from the Central or State Government and therefore does not fall within the definition of a public authority under the RTI Act.
Petition Clarifies Its Objective
The PIL makes it clear that it is not based on allegations of embezzlement or financial misconduct by any individual. Instead, the petition seeks a complete and transparent picture of the fund’s functioning.
The plea argues that advocates who contribute to the welfare fund have a legitimate right to know about its financial condition and administration.
Advocates Welfare Fund Transparency: Additional Reliefs Sought By The Petition
The PIL seeks directions for publishing:
- Annual accounts.
- Audit reports.
- Annual reports since 2001.
- Investment details.
- Fixed deposit information.
- Bank account details.
Policy For Welfare Utilisation
The petition also requests a policy framework that would determine what portion of the available fund should be utilized each year for welfare benefits and financial assistance.
The aim is to ensure that advocates receive maximum benefit while maintaining the long-term sustainability of the fund.
FAQs
The Advocates’ Welfare Fund is a statutory fund created to provide welfare benefits, medical assistance, and financial support to eligible advocates.
The Delhi High Court issued notice on a PIL seeking transparency in the Advocates’ Welfare Fund and the creation of an online portal for welfare-related services.
The PIL seeks disclosure of financial records, audit reports, investment details, expenditure information, and the creation of an online portal for benefit applications and tracking.
