Today, 22nd April, The Supreme Court issued a clear directive capping advocate enrolment fees at Rs. 600. This decision brings clarity and standardization to the legal profession’s enrolment process. Advocates and legal institutions must adhere to this ruling, ensuring fair and accessible enrolment procedures. The move aims to promote transparency and equity within the legal community.
New Delhi: On Monday, the Supreme Court restated that fees for lawyers’ enrollment must not surpass Rs 600. This observation made by a Bench consisting of CJI DY Chandrachud and Justice JB Pardiwala, citing section 24(1)(f) of the Advocates Act.
The Court verbally stated,
“The statute clearly specifies that no amount exceeding Rs 600 can be charged,”
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During the reservation of its judgment in a petition addressing high enrolment fees established by several State Bar Councils, the Court noted this observation. Advocate Vrinda Bhandari, representing the petitioner, illuminated the financial challenges experienced by her client, a member of the marginalized Pardhi community. She emphasized that the petitioner paid Rs. 21,000 for enrollment and an additional Rs. 1,500 for the enrollment form.
She further commented,
“He had to conduct a private fundraising campaign via WhatsApp because he lacked the funds to cover the expenses,”
The Chief Justice of India (CJI) then inquired of Bhandari whether the advocate welfare charge included in the enrolment fee.
Bhandari responded negatively but mentioned that this charge obligatory for obtaining an enrolment certificate.
The CJI remarked ,
“The limit is clear at ₹600; nothing more can be charged,”
The CJI further stated that any fee increase would require parliamentary decision.
Senior Advocates Manan Kumar Mishra and S Prabhakaran, the Chairman and Vice Chairman of the Bar Council of India (BCI) respectively, expressed their support for the fees, highlighting the welfare initiatives undertaken by bar councils for lawyers.
However, the Court reserved its judgment and indicated that it would request Parliament to reconsider the Rs. 600 fee as determining the amount beyond the Court’s purview.
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In response to Mishra and Prabhakaran, the CJI emphasized that lawyers from less privileged districts could not manage the high fees. He urged Prabhakaran to consider the perspectives of the lawyers.
The CJI remarked,
“Imagine telling an Odia lawyer from an underprivileged district to pay Rs. 42,000 for enrolment. They simply cannot afford it. When I returned to India to practice law after completing my SJD from Harvard, I was paid just 60 rupees (4 guineas) for my first case. Mr. Prabhakaran, it’s crucial to listen to the concerns of lawyers now.”
This move by the Court highlights a broader dialogue about the barriers to legal practice. The outcome of this case could set a precedent for how enrolment fees are structured, impacting the accessibility of legal education and practice for generations to come.