The Supreme Court ruled that enrollment fees charged by the BCI and State Bar Councils cannot exceed the limits set by the Advocates Act.
On Monday, the Supreme Court ruled that the enrollment fees charged by State Bar Councils and the Bar Council of India (BCI) for the enrollment of lawyers cannot exceed the limit prescribed by the Advocates Act. A Bench consisting of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala clarified that Section 24(1)(f) of the Advocates Act sets the fee limits, which are ₹750 for general category candidates and ₹125 for Scheduled Castes/Scheduled Tribe candidates.
"There is no provision under Advocates Act to charge miscellaneous fee and is contrary to Advocates Act. Only enrolment fee as under the statute and the stamp duty is all that is payable. State Bar Councils and BCI cannot demand any fee beyond what is there under Advocates Act," the Court said
The Court ordered the BCI and State Bar Councils to ensure compliance with the prescribed fee limits and to avoid imposing any additional charges under different pretenses. The judgment applies prospectively, meaning that excess fees collected up to now do not need to be refunded. The Court ruled that no fees beyond those specified in Section 24(1)(f) of the Advocates Act can be charged, and only enrollment fees and stamp duty charges are permissible. Any other charges violate Article 19(1)(d) of the Constitution, which guarantees the right to practice a profession. However, the Court allowed Bar Councils to charge for services such as legal aid, but not at the time of lawyer enrollment.
The Court delivered the judgment in response to a petition regarding the high enrollment fees set by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. Petitions challenging these fees were pending before several High Courts. The BCI subsequently filed a transfer petition with the Supreme Court to consolidate these cases and avoid multiple proceedings on the same issue. The Supreme Court approved the transfer and assumed control of all related cases. During an April hearing, advocate Vrinda Bhandari, representing one of the petitioners, highlighted the financial hardships of her client from the marginalized Pardhi community, who had to pay ₹21,000 for enrollment and ₹1,500 for the enrollment form.
"He had to fundraise privately through a WhatsApp campaign because he did not have the money to pay for it," she added.
Senior Advocates Manan Kumar Mishra and S. Prabhakaran, the Chairman and Vice Chairman of the Bar Council of India (BCI) respectively, defended the fees, arguing that they support welfare measures undertaken by bar councils for lawyers.
TAGS: Enrollment Fee Bar council BCL Supreme Court Judgement Petition
