The Bar Council of India (BCI) approached the Supreme Court for permission to increase enrolment fees, saying it is facing a financial crisis. In July 2024, the Supreme Court ruled that State Bar Councils and the BCI cannot charge fees above the limit set by the Advocates Act. The BCI claims that the current fee limit is making it difficult for them to work properly. They have requested higher fees to improve their financial situation.
New Delhi: The Bar Council of India (BCI) submitted an application to the Supreme Court requesting that the Central government amend the Advocates Act of 1961 to allow for an increase in the enrolment fees for lawyers registering with State Bar Councils.
In a ruling from July of last year, the Supreme Court determined that neither the State Bar Councils nor the BCI could charge enrolment fees exceeding the limits established by the Advocates Act. As a result, Bar Councils can currently charge Rs.750 for general category candidates and Rs.125 for Scheduled Castes/Scheduled Tribes.
This judgment arose from concerns regarding the high enrolment fees imposed by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh.
The BCI has expressed that the enrolment fee is a primary source of income for Bar Councils. Without this revenue, the BCI argues, it would be challenging for Bar Councils to function effectively, as they would struggle to pay staff salaries and other expenses.
The BCI stated,
“It is also an admitted fact that if the State Bar Councils are restrained from charging anything more than Rs.600 today; naturally, the Bar Councils and the Bar Council of India would die their own death; their survival would not only be difficult but rather impossible.”
Consequently, the BCI is advocating for an amendment to the Advocates Act to permit an increase in enrolment fees beyond the current limits.
They noted that the statutory enrolment fee was last raised in 1993 and has not changed in the face of rising inflation over the past three decades.
The BCI argued,
“An item that would cost Rs.100 in the year 1960 would cost Rs.7,804.85 at the beginning of 2022. In 2023, the inflation rate was identified as 5.8%. If this understanding is applied, the enrolment fee that should be charged now would be around Rs.50,000.”
Read Also: BCI (Bar Council of India): Powers and Functions Under The Advocates Act, 1961
Previously, the BCI reached out to the Central government to amend the Advocates Act and proposed revising the enrolment fee for general category candidates to Rs.25,000, along with a Bar Council of India fund fee of Rs.6,250. For SC/ST candidates, they requested an enrolment fee of Rs.10,000 for the State Bar Council and Rs.2,500 for the Bar Council of India.
The BCI also sought the ability to adjust these fees in the future to account for inflation, using the Reserve Bank of India’s inflation calculator.
The Bar Council of India (BCI) is a legal body in India responsible for regulating the legal profession and legal education. It was established under the Advocates Act, 1961. The BCI ensures that lawyers follow professional ethics and maintains the standard of legal education in the country. The BCI is made up of members elected by the State Bar Councils across India. It operates from its headquarters in New Delhi.
The Bar Council of India, under the Advocates Act, 1961, plays a fundamental role in regulating and representing the legal profession in India. By laying down standards of professional conduct and safeguarding advocates’ rights, the BCI ensures that the legal community adheres to ethical practices.
It also takes a proactive stance in supporting law reform and promoting legal education, thus contributing to a robust and competent legal system.
The BCI’s mandate extends to managing funds for welfare schemes, organising seminars, and maintaining transparency in financial matters. Its disciplinary authority and appellate powers further bolster its role as a guardian of professional ethics.
The powers and functions of the Bar Council of India underscore its significance as a statutory body committed to the growth and regulation of the legal profession in India.
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