Madras HC holds proviso of Advocates Welfare Fund Act valid

The Madras High Court held as valid, the proviso to Explanation II (5) to Section 16 of the Tamil Nadu Advocates Welfare Fund Act.

Allowing appeals by the Bar Council of Tamil Nadu and the Tamil Nadu Government challenging an order of a single Judge, a Division Bench comprising Justices P Jyothimani and Aruna Jagadeesan said in the absence of any legislative in competency on the part of the State Government in making the impugned amendment and on the facts and circumstances of the case, finding that the object of conferring the benefit on one group of advocates was with a reason, it was of the view that the change did not suffer from constitutional illegality or could not be declared ultra vires to the Constitution.

The State Government brought an amendment to the Act by which a new scheme was introduced. The scheme stated that in the event of death of a member advocate, his nominee or legal heir would be paid Rs One lakh and this was incorporated in Explanation II (5) to Section 16 of the Act.

The proviso denied the benefit of Rs One lakh to a member advocate who retired from government service and enrolled as advocate and was also receiving pension or gratuity or other terminal benefits from the State or Central government.

The sum had been increased to Rs Two lakh from February 2001.