[Breaking] Enrollment Fees For Lawyers Cannot Exceed Rs. 750: Supreme Court Mandates For All State Bar Council

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The court has stated that as per Section 24(1)(f) of the Advocates Act, the State Bar Councils or Bar Council of India cannot charge anything in excess of Rs 600.

[Breaking] Enrolment Fees for Lawyers Cannot Exceed Rs. 600: Supreme Court Mandates For All State Bar Council

NEW DELHI: Today (30th July): The Supreme Court has ruled that the enrolment fees charged by State Bar Councils and the Bar Council of India (BCI) for the enrolment of lawyers must not exceed the limit prescribed by the Advocates Act.

The court has stated that as per Section 24(1)(f) of the Advocates Act, the State Bar Councils or Bar Council of India cannot charge anything in excess of Rs 600.

“There is no provision under the Advocates Act to charge a miscellaneous fee; this is contrary to the Advocates Act. Only the enrolment fee, as specified by the statute, and the stamp duty are payable. The State Bar Councils and the BCI cannot demand any fee beyond what is stipulated under the Advocates Act,” the Court declared in its judgment.

“According to Section 24(1)(f) of the Advocates Act, the State Bar Councils or the Bar Council of India cannot charge anything in excess of Rs 600,” stated the Bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala.

In its judgment, the court has made the following key points:

No fee beyond the enrolment fee prescribed under Section 24(1)(f) of the Advocates Act can be charged.
No other fee can be charged apart from the enrolment fee and stamp duty charges.
Any charge other than what is stipulated under the Act is in violation of the right to carry on a profession under Article 19(1)(d) of the Constitution.
The judgment has a prospective effect, which means that the BCI and State Bar Councils do not need to refund the excess fees collected until now.

However, the court has clarified that the bar councils can charge for services like legal aid, but not at the time of enrolment of lawyers.

The court’s decision comes in response to petitions challenging the high enrolment fees set by various State Bar Councils, including Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. The BCI had filed a transfer petition to consolidate the matters pending before various High Courts, which the Supreme Court allowed.

During the hearing, the court was made aware of the financial hardships faced by a petitioner from the marginalized Pardhi community, who had to fundraise privately through a WhatsApp campaign to pay the Rs 21,000 enrolment fee and Rs 1,500 for the enrolment form.

The judgment aims to ensure that the enrolment process for lawyers is accessible and affordable, in line with the Advocates Act’s provisions.