The Supreme Court has barred State Bar Councils and the BCI from collecting any “optional” charges beyond legal enrolment fees. The Karnataka State Bar Council has been told to halt such collections at once.
New Delhi: On August 9, the Supreme Court has clearly said that State Bar Councils and the Bar Council of India (BCI) cannot collect any “optional” fees apart from the statutory charges from law graduates who are enrolling as lawyers. The court directed the Karnataka State Bar Council to stop collecting any such extra amount immediately.
A Bench of Justices J.B. Pardiwala and R. Mahadevan gave this order while hearing a contempt petition filed by K.L.J.A. Kiran Babu.
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He had alleged that the directions issued by the Supreme Court in July last year — regarding not charging exorbitant fees from law graduates during enrolment, especially by the Karnataka State Bar Council — were not being followed “in letter and spirit.”
The Bar Council of India, in its affidavit, said that all State Bar Councils were following the court’s directions. It informed the court that the Karnataka State Bar Council was charging Rs 6,800 for items like ID cards, certificates, welfare fund, and training, and an additional Rs 25,000 over and above the statutory fee. The BCI claimed these amounts were “optional and not mandatory.”
The Supreme Court disagreed and said,
“We make it clear that there is nothing like optional. No State Bar Council(s) or Bar Council of India shall collect any fees of any amount as optional. They shall strictly collect fees in accordance with the directions issued by this court in the main judgment.”
The Bench further added that if the Karnataka State Bar Council was collecting any amount as “optional”, even if it was not mandatory, “it must be stopped.”
During the hearing, BCI Chairman and senior advocate Manan Kumar Mishra told the court that after the July 2024 verdict, the BCI — being a statutory body — had written to all State Bar Councils on August 6, directing them to strictly follow the judgment.
He said,
“That after issuance of the letter, the BCI has firmly believed that all the State Bar Councils are adhering and complying with the judgment passed by this court in the matter.”
The BCI also submitted a detailed chart of the fees charged by various State Bar Councils across the country.
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On July 30, 2024, the Supreme Court had ruled that State Bar Councils cannot charge exorbitant fees for enrolling law graduates as lawyers.
It said that such a practice perpetuates systemic discrimination against marginalised and economically weaker sections, and it undermines their ability to enter and participate in the legal profession.
The court had pointed out that some State Bar Councils were charging between Rs 15,000 and over Rs 40,000 for enrolment, which it found to be “contrary to the principle of substantive equality.”
It also stated that the State Bar Councils and the Bar Council of India “cannot alter or modify” the fiscal policy laid down by Parliament.
It ruled that these bodies are only delegates of powers under the Advocates Act, 1961, and therefore cannot charge more than Rs 750 from general category candidates and Rs 125 from SC/ST category candidates for enrolment.
The court further held that charging fees and other charges at the time of enrolment in excess of what the law allows violates Article 14 (right to equality) and Article 19(1)(g) (right to practice a profession) of the Constitution.
It also clarified that this decision would have a “prospective effect”, meaning that State Bar Councils would not be required to refund the excess fees collected in the past.
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