The Supreme Court examined a plea over delayed Bar Council enrollment, where a candidate faced six months’ wait due to fee restrictions. CJI Surya Kant suggested mandating advocate registration within two months after complete applications to ensure justice delivery.
NEW DELHI: The Supreme Court considered a petition from a candidate seeking enrollment in a Bar Council, who claimed a delay of over six months in his enrollment process. A bench led by Chief Justice of India (CJI) Surya Kant was informed that the delay resulted from a previous court ruling stating that State Bar Councils (SBCs) and the Bar Council of India (BCI) could not require payment of fees beyond the designated enrollment fee and any applicable stamp duty as a prerequisite for enrollment.
In response, CJI Kant remarked,
“For aspiring people like you, your prayer should have been to make it time bound within which a lawyer has to be enrolled. You can amend the plea… you can seek a direction to all state bar councils and the BCI that if a completed application form is submitted then such registration of advocate should be within 2 months.”
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The bench then granted permission for the petition to be amended.
In July 2024, a bench consisting of former CJI DY Chandrachud and Justice JB Pardiwala ruled that SBCs could not impose “enrollment fees” beyond what is explicitly stated in Section 24(1)(f) of the Advocates Act, 1961. This section outlines the financial requirements needed for an advocate to enroll on State rolls.
The Court concluded,
“The decision of the SBCs to charge fees and charges at the time of enrollment in excess of the legal stipulation under Section 24(1)(f) violates Article 14 and Article 19(1)(g) of the Constitution.”
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While clarifying that only the fees specified under Section 24(1)(f) of the Advocates Act are permissible during enrollment, the bench added,
“All other miscellaneous fees, including but not limited to application form fees, processing fees, postal charges, police verification charges, ID card charges, administrative fees, photograph fees, etc., charged from the candidates at the time of admission are to be construed as part of the enrollment fee. The fees charged under these or any similar heads cannot cumulatively exceed the enrollment fee prescribed in Section 24(1)(f).”
The Court also inquired about the total enrollment fees collected yearly by Bar Councils nationwide from lawyers seeking enrollment. It was highlighted that the imposition of excessive enrollment fees contravenes Section 24(1) of the Advocates Act, 1961, and that the BCI is responsible for ensuring that such fees are not charged. The bench noted that, in Odisha, the enrollment fee was Rs 42,100; in Gujarat, it was Rs 25,000; in Uttarakhand, Rs 23,650; and in Jharkhand, Rs 21,460.