SC Warns of 'Brain Drain' in Legal Profession, Orders Welfare Fund for Young Lawyers

The Supreme Court on Friday directed the creation of a "Young Lawyers' Professional Assistance Fund" in every state and union territory, warning that the legal profession risks a "brain drain" if financially struggling young lawyers are forced to abandon litigation for more stable careers.

A bench comprising Chief Justice of India Surya Kant and Justice V. Mohana made the observation while hearing a suo motu petition on the welfare of junior lawyers.

The bench said the initial years of legal practice often bring severe financial hardship, particularly for first-generation lawyers and those from economically disadvantaged backgrounds. It noted that many promising young advocates leave the profession to continue supporting their families as primary breadwinners.

"A young first-generation lawyer entering the Bar does not immediately inherit an office, a library, a stable clientele, or a predictable source of income," the bench said. It added that many junior advocates depend on modest stipends from seniors or local Bar Associations, which are often insufficient to meet basic living expenses.

Talent Moving Abroad

The bench observed that the legal profession is witnessing an exodus of talent due to high competition, low initial earnings, lack of institutional support, and better remuneration and work-life balance offered in countries such as the UK, US, Singapore and Gulf nations.

"Many promising young lawyers who could have contributed significantly to the Indian justice system are opting to move abroad. This brain drain must be arrested," the bench said.

The court directed the Bar Council of India and all state bar councils to create a dedicated Young Lawyers' Welfare Fund within three months. The fund is expected to provide financial assistance, stipends, mentorship programmes, and support for continuing legal education to advocates in their first five to seven years of practice.

The court also suggested that senior lawyers and law firms contribute to the fund. It emphasised the need to improve working conditions at district courts and lower judiciary levels, noting that many young lawyers struggle with unpaid internships, lack of chamber space, and irregular briefs early in their careers.

Senior advocates present during the hearing welcomed the initiative, noting that the profession has become increasingly difficult for first-generation lawyers from smaller towns. The Bar Council of India has been asked to submit a detailed action plan within six weeks.

Notably, Outlook Business had carried a cover story last year on how India's brain drain is hurting its economic future. That story examined how the country continues to lose highly skilled talent, including scientists, researchers, engineers and technology professionals, to overseas markets offering better pay, research infrastructure and career opportunities, a trend that could undermine India's ambitions in sectors such as artificial intelligence, semiconductors and advanced manufacturing.