The Supreme Court of India has taken the initiative to transfer to itself the petitions currently pending in the High Courts of Kerala, Madras, and Bombay. These petitions challenge the enrolment fee charged by State Bar Councils. The order was passed by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra, in response to a transfer plea filed by the Bar Council of India.
The transferred cases include separate ongoing petitions addressing the issue of high enrolment fees of State Bar Councils in the Kerala High Court, the Bombay High Court, and the Madras High Court. Recently, the Kerala High Court directed the Bar Council of Kerala to collect only Rs.750/- as enrolment fee from law graduates wishing to enroll, until the Bar Council of India considers a uniform fee structure.
The petitioners had challenged the exorbitant fee of Rs. 15,900/- being levied by the Kerala Bar Council, arguing that an enrolment fee of Rs. 750/- has been imposed under Section 24(1)(f) of the Advocates’ Act. They contended that any rule passed by the Bar Council of Kerala, authorizing itself to levy a higher charge, is beyond the scope of its powers.
Similarly, the Madras High Court directed the Bar Council of Tamil Nadu and Puducherry to respond to a plea by a fifth-year law student, Manimaran, challenging the enrollment fee charged by it from law graduates. The Bombay High Court also issued notice in a lawyer’s petition challenging the Bar Council of Maharashtra and Goa’s decision to enhance enrolment charges to Rs 15,000, effective from January 2020.
The Supreme Court had previously questioned the State Bar Councils for charging more fees than that prescribed by Section 24(1)(e) of the Advocates Act 1961. According to this provision, the enrolment fee payable to the State Bar Council should be Rs. 600, with the Bar Council of India charging Rs. 150. The court expressed surprise at the substantial disparities between the prescribed fees and the fees being charged in various states.
A Constitution Bench of the Supreme Court, while upholding the All India Bar Examination, had asked the Bar Council of India to ensure that the enrolment fee does not become “oppressive“. The Supreme Court’s decision to transfer these cases to itself is a significant step towards addressing the issue of enrolment fees charged by State Bar Councils.