Bar Councils Can't Collect More Than Amount Specified Under S.24 Of Advocates Act As EnrollmentFee: Supreme Court

The Supreme Court on Tuesday (July 30) held that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 forum advocates belonging to SC/ST categories.

The Court categorically held that State Bar Councils cannot charge any amount in excess of the above-specified amounts under the head of "miscellaneous fee" or other charges. The State Bar Councils and the Bar Council of India cannot charge any amount to admit advocates to the roll in excess of the amount specified under Section 24(1)(f) of the Advocates Act.

The Court held that since the Parliament has specified the enrollment fee, the Bar Councils cannot violate same.

At the same time, the Court declared that the judgment will have a prospective effect only, meaning that the Bar Councils are not required to refund the enrolment fees collected in excess of the statutory amount so far.

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was seized of a batch of petitions challenging the different enrolment fees being charged by different state bar councils as exorbitant. The lead petition of the issue is titled Gaurav Kumar vs Union of India. 

The batch of petitions raise the common question of whether the charging of exorbitant charging of enrolment fees is a violation of Section 24(1) of the Advocates Act 1961. The petitioners have contended that it is the duty of the Bar Council (BCI) of India to ensure that exorbitant enrolment fees are not charged.

The Advocates Act of 1961 under S. 24(1)(f) prescribes the enrollment fee payable to the State Bar Council as Rs. 600/- and Rs 150/- towards the Bar Council of India. A detailed chart on the state-wise fee chargeable by different bar councils can be accessed here. 

It may be noted that in 2023 a 5-judge Constitution Bench while upholding the validity of the All-India Bar Examination also asked the Bar Council of India to ensure that the enrolment fee does not become "oppressive". 

"We also have one caveat arising from the plea that different State Bar Councils are charging different fees for enrolment. This is something which needs the attention of the Bar Council of India, which is not devoid of the powers to see that a uniform pattern is observed and the fee does not become oppressive at the threshold of young students joining the Bar", the Constitution Bench judgment led by Justice SK Kaul had observed in the judgment (Bar Council of India v. Bonnie Foi Law College & Ors.)

Case Details : Gaurav Kumar v. Union of India W.P.(C) No. 352/2023 and connected cases.