A Request to Hon’ble Supreme Court and High Courts

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I am not sure if Supreme Court and various High Courts have powers to prescribe minimum salaries for advocates’ clerks. But since these Superior Courts have power to accept or reject registration of an Advocate’s clerk, I assume that Superior Courts may also have powers to prescribe the salaries of advocate’s clerks.

I do not have a Big Picture View of how and what such clerks earn. But I can only quote Two Incidents.

1)         In 1995, I had a clerk. One day he asked me for a loan of Rs.1000/-. I refused and cited my policy. I said I do not give advances or loans to anyone. The Clerk said, here in Delhi, except you, where else we can go and ask for a loan? We are all migrants here. No one knows us. If you will not give us loan than who else will give?

I still refused to give him loan. He left job. Later, in retrospect, I realized truth of what he had said. Thereafter, I have never denied any loan to any clerk. And I never ask loan back.

2)          Recently, we learned from newspaper. A lawyer, who was charging fees of Rs.6 Lakh per day, refused to give loan of Rs.3000/- to his driver whose wife had suffered a miscarriage. This may not be a true story. But even if this is a false story, this says all about miseries of clerks and drivers of advocates.

The Government, on its own, will never look at these “small clerks of advocates” who do 80% foot work for advocates.

If Rules permit, the Superior Courts ought to fix minimum salaries of these clerks. After all, they too are parts of the giant machinery called Administration of Justice.

Haresh Raichura
23/4/2012

One thought on “A Request to Hon’ble Supreme Court and High Courts

  1. There are millions like this in our country who in the unorganized sector earns less than $ 2 a day which is a shame on our country and its high income citizens who are taking pride in India's achievements. Moreover, the country can never achieve faster progress unless those fortunately positioned to earn better are willing to spare their incomes to those who do service to them. [See my blog: 'Indian Budget: Killing the Goose that lays Golden Eggs !'] The problem with many high income citizens of this country is their fear of losing their servants if the latter earns better. In the past people of this mindset did not hesitate to enslave other humans for their purposes and the same mindset exist even now in the minds of many. But we should remember that the countries with higher per capita incomes also have people to do the menial works, perhaps in a much better way.

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