New Delhi, July 30, 2024 : The Supreme Court of India ruled on Monday that the enrolment fees charged by State Bar Councils and the Bar Council of India (BCI) must adhere strictly to the limits set by the Advocates Act. The Court emphasized that these fees cannot exceed the amounts prescribed by law.
In a judgment delivered by Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala, the Court underscored that Section 24(1)(f) of the Advocates Act stipulates enrolment fees of ₹750 for general category candidates and ₹125 for Scheduled Castes and Scheduled Tribes candidates. The Court ruled that there is no provision in the Act for charging additional miscellaneous fees, deeming such charges a violation of the statutory framework.
Key points from the Court’s ruling include:
- Enrolment Fee Limits: No fees beyond the limits set by Section 24(1)(f) of the Advocates Act are permissible.
- Prohibition of Additional Charges: Only the enrolment fee and stamp duty are required. Any additional charges are not allowed.
- Violation of Constitutional Rights: Imposing fees beyond those stipulated violates Article 19(1)(d) of the Constitution, which guarantees the right to practice a profession.
- Prospective Effect: The judgment will apply moving forward; no refunds are required for excess fees collected prior to the ruling.
The Court directed both the BCI and State Bar Councils to ensure compliance with these limits and not to levy any additional charges disguised as other fees. However, the Court acknowledged that bar councils may charge for services such as legal aid, but not during the enrolment process.
The ruling came in response to petitions challenging high enrolment fees imposed by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. These petitions had been pending in different High Courts. The BCI had filed a transfer petition to consolidate these cases in the Supreme Court to avoid multiple proceedings on the same issue.
During the hearings, advocate Vrinda Bhandari highlighted the financial challenges faced by petitioners, including a case where a candidate from the marginalized Pardhi community was compelled to raise ₹21,000 for enrolment fees and ₹1,500 for the application form through a private fundraising campaign.
Senior advocates Manan Kumar Mishra and S Prabhakaran, Chairman and Vice Chairman of the BCI, defended the fees, citing the welfare programs undertaken by the bar councils to support lawyers.
The Supreme Court’s decision aims to standardize enrolment fees and alleviate the financial burden on aspiring lawyers across the country.
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