Jahanvi Agarwal
The Supreme Court ruled on 30th July 2024 that the enrolment fees charged by State Bar Councils and the Bar Council of India (BCI) for lawyers cannot exceed the limits set by the Advocates Act. A division Bench, comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala, noted that Section 24(1)(f) of the Advocates Act specifies fees of Rs. 750 for general category candidates and Rs. 125 for Scheduled Castes/ Scheduled Tribe candidates.
The Court emphasized, “There is no provision under the Advocates Act to charge miscellaneous fees, and doing so is contrary to the Act. Only the enrolment fee as per the statute and stamp duty are payable. State Bar Councils and the BCI cannot demand any fee beyond what is specified under the Advocates Act.” The judgment mandates that the BCI and State Bar Councils ensure compliance with this provision and prohibits levying any additional charges.
The ruling is prospective, meaning any excess fees collected previously do not need to be refunded. The Court’s key points were:
- Fees cannot exceed those specified in Section 24(1)(f) of the Advocates Act;
- Only enrolment fees and stamp duty charges are allowed;
- Any additional charges violate Article 19(1)(d) of the Constitution, which guarantees the right to practice a profession;
- The judgment does not require the refund of previously collected excess fees.
However, the Court clarified that Bar Councils can charge for services like legal aid, but not during the enrolment process.
This decision came from a petition addressing the high enrolment fees imposed by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. The petitions were pending before various High Courts, and the BCI requested the Supreme Court to transfer these cases to avoid multiple proceedings on the same issue. The Supreme Court agreed and consolidated all cases.
During the April hearing, Advocate Vrinda Bhandari, representing one of the petitioners, highlighted the financial struggles of her client from the marginalized Pardhi community. She pointed out, “The petitioner had to pay Rs. 21,000 for enrolment and Rs. 1,500 for the enrolment form. He had to fundraise privately through a WhatsApp campaign because he did not have the money to pay for it.”
Senior Advocates Manan Kumar Mishra and S Prabhakaran, the BCI Chairman and Vice Chairman respectively, defended the fees, citing welfare measures for lawyers.
Case Name: Gaurav Kumar v. Union of India and Ors.
Dairy Number: 352/2023
Bench: Chief Justice of India DY Chandrachud and Justice JB Pardiwala