Abstract

Advocate Welfare Fund (AWF) is the statutory scheme provided as financial support to the legal professionals facing health crisis, death or retirement etc., However, advocates often find obstacles in availing the AWF due to inconsistent fund disbursement, fund allocation, administrative gaps and misappropriation of funds. These instances show the systematic administration flaws which include lack of transparency, inconsistent implementation and mismanagement of funds. Notably in Kerala, Kerala Advocate Welfare Fund Trustee Committee (KAWFTC) faced significant scrutiny when a statutory audit revealed a loss of ₹7.61 crore due to unaccounted sales of stamps, inflated accounts, and unaccounted subscriptions. The Kerala High Court ordered a Central Bureau of Investigation (CBI) probe, criticizing the Trustee Committee for not maintaining records or conducting audits for over a decade, leading to widespread financial irregularities. Similarly, in Delhi, the High Court directed the state government to frame proper rules for the AWF, highlighting inconsistent fund disbursement and lack of transparency in the administration.In response to these issues, the Kerala government amended the Kerala Advocates Welfare Fund Act, 1980, to facilitate greater government control over the management of the fund. This included taking over the printing of stamps, ensuring annual audits by the state audit department, and appointing government officers to oversee the administration. These measures aim to enhance transparency and accountability in the management of AWFs. These instances highlight the critical need for comprehensive reforms in the administration of Advocate Welfare Funds to ensure that they effectively serve their intended purpose of supporting advocates in need. Also, those challenges persist the Madras High Court directed to settle the welfare benefits and to establish the stipends of the junior advocates. To enhance the depth and comprehensiveness of the topic this research approached the mixed-methods approach and collected various information from different resources like case laws, reports, notification, forums, studies and reputed articles.

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