As the cornerstone of democracy, the legal profession protects fundamental rights, guarantees access to justice, and upholds the rule of law. In India, advocates have long lacked sufficient social security benefits despite their vital role in society. Even though the Advocates Welfare Fund Act of 2001 established a legal structure for welfare, including health insurance and life insurance, these benefits remained mainly theoretical for more than 20 years. The Chief Minister's Advocates Welfare Scheme (CMAWS) was launched in 2019 by the Government of the National Capital Territory of Delhi (GNCTD) to close this gap. For practicing attorneys registered with the Bar Council of Delhi (BCD), this program seeks to offer financial stability, medical assistance, and professional growth. The protracted inability to administer benefits under the Advocates Welfare Fund Act, 2001, created the necessity for a welfare program designed exclusively for advocates. Advocates were exposed to financial instability because they lacked access to health insurance and life insurance, especially younger and financially precarious practitioners. Acknowledging this, the Delhi government set up ₹50 crore for a special welfare fund for advocates in the 2019–20 budget. The plan was designed to acknowledge the vital role that advocates play in creating and safeguarding constitutional rights and guaranteeing the smooth operation of the legal system. Additionally, it aimed to preserve social justice, bolster democracy, and safeguard the financial security and dignity of advocates. A 12-member Welfare Committee was established on November 29, 2019, after cabinet approval of the plan under Decision No. 2794 dated December 18, 2019. The Supreme Court Bar Association and Delhi High Court Bar Association presidents, district court bar association representatives, the chairperson of BCD, GNCTD standing counsels, and government-nominated lawyers made up the committee. Within ten days, it was required to write the welfare measures and make suggestions. This quick formation highlights how urgently the administration worked to give activists, who had been waiting for social security help for a long time, significant rewards. The Chief Minister’s Advocates Welfare Scheme provides comprehensive benefits covering financial security, medical coverage, and professional development. The scheme offers a group term life insurance cover of ₹10 lakh per advocate, payable to the nominee or legal heir in case of the advocate’s untimely death. This benefit is implemented through the Life Insurance Corporation of India (LIC) and ensures that advocates’ families are financially protected against sudden adversity. CMAWS provides group medical insurance coverage of ₹5 lakh as a family floater, covering the advocate, spouse, and up to two dependent children (up to 25 years of age). The policy includes a cashless facility for hospitalization, coverage for pre-existing conditions, room rent up to ₹7,500 per day, ICU charges up to ₹15,000 per day, and expenses related to normal and cesarean deliveries. Insurance is provided by the New India Assurance Company Ltd. (NIACL), and the premium is subsidized through the scheme, ensuring affordability and accessibility for advocates. To promote research and knowledge enhancement, the scheme includes e-library facilities in all six district courts. Each library is equipped with ten computers, access to major legal databases such as SCC Online, AIR, Manupatra, and DLT, as well as printers for advocates’ use. This ensures that advocates can access crucial legal resources efficiently, supporting quality legal practice. Recognizing the challenges faced by women advocates and court staff, CMAWS provides crèche facilities in all six district courts. Modeled on the Supreme Court crèche system, these facilities enable advocates with young children to continue practicing while ensuring adequate care for their children. Advocates must be registered as electors in the NCT of Delhi and enrolled with the Bar Council of Delhi in order to be eligible for the program. Voter registration is not so much a residency constraint as it is a means of confirming membership in the Bar Association. The National Informatics Center (NIC) maintains the CMAWS Portal, which is used for registration and application. Twice a year, in January and July, there is a 15-day registration period. Advocates are required to generate a user ID, supply precise information, and upload scanned copies of all necessary papers, such as the Aadhaar, EPIC card, and BCD enrollment certificate. Eligible advocates are added to the list of beneficiaries following verification by the Bar Council and the site administrator. Subject to permission, registered advocates can also use the portal to request changes like adding family members, changing the nominee, or correcting personal information. As the scheme administrator, the Law Department supervises execution, works with insurance providers, and authorizes modifications made after registration. In order to guarantee that only qualified attorneys receive benefits, the Bar Council of Delhi validates enrollment and membership. While NIC maintains the portal infrastructure, sets up the scheme, and performs security audits, insurance companies use the portal to issue and administer policies. Despite the comprehensive framework, the scheme faced challenges, particularly concerning advocates residing in NCR regions such as Noida, Gurugram, Ghaziabad, and Faridabad. The cabinet had introduced a condition requiring Delhi voter ID, which inadvertently excluded many eligible advocates who practiced in Delhi courts. Several petitions were filed, including Govind Swaroop Chaturvedi v. Government of NCT of Delhi & Ors., challenging the arbitrary exclusion of advocates based on residence. In its judgment dated 12 July 2021, Justice Prathiba M. Singh emphasized that welfare schemes must be interpreted liberally, prioritizing the beneficiaries over administrative technicalities. The court held that the residence-based exclusion was arbitrary and contrary to the purpose of the scheme. It directed the government, BCD, and insurance companies to issue policies to all eligible advocates, regardless of residence, and to reopen the registration portal for those previously excluded. The court also emphasized that welfare measures during the COVID-19 pandemic were critical for the dignity and financial security of advocates. The judgment established several key principles in advocates’ welfare jurisprudence. Welfare schemes must be beneficiary-oriented, with substantive rights prevailing over administrative technicalities. Arbitrary exclusions violate Article 14 of the Constitution, while social security is integral to the right to life under Article 21, encompassing dignity and equality. The case underscored the state’s responsibility to implement welfare measures effectively, ensuring that financial and medical protection reach the intended recipients. A historic program, the Chief Minister's Advocates Welfare Scheme offers advocates in Delhi full social security, health insurance, and professional assistance. By guaranteeing fair access and eliminating arbitrary exclusions, judicial intervention has strengthened the program's inclusive nature. In addition to offering the legal community vital financial and medical assistance, CMAWS acknowledges the critical role advocates play in upholding justice and democracy. The program serves as a model for welfare-focused government, proving that social security, equality, and dignity are fundamental obligations of the state to its legal community.BACKGROUND AND NEED FOR THE SCHEME
CONSTITUTION OF THE WELFARE COMMITTEE
KEY FEATURES AND BENEFITS OF CMAWS
Financial Security: Group Term Life Insurance:
Medical Security: Group Mediclaim Insurance:
Professional Development: E-Library Facilities:
Supportive Infrastructure: Crèche Facilities:
ELIGIBILITY AND APPLICATION PROCESS
Registration Procedure:
Roles and Responsibilities:
JUDICIAL INTERVENTION: DELHI HIGH COURT JUDGMENT
LEGAL PRINCIPLES ESTABLISHED
CONCLUSION
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