Plea challenging charging of exorbitant enrollment fees by Bar Councils: Supreme Court issues notice

Read Time: 03 minutes

Synopsis

The plea states that such fee violates the relevant provisions of the Advocates' Act.

The Supreme Court today issued notice in a plea challenging the exorbitant enrollment fees charged by various Bar Councils across the country.

Noting that it was a "significant issue", a bench of CJI DY Chandrachud with Justices PS Narasimha and JB Pardiwala issued notice to the Union Government, Bar Council of India and all state bar councils.

Court was told that the charging of enrolment fees is a violation of Section 24(1) of the Advocates Act 1961 and that the BCI has the duty to ensure that exorbitant enrolment fees is not charged.

Bench further noted that in Odisha, an enrollment fee of Rs 42,100 was charged; in Gujarat it was Rs.25,000; in Uttarakhand Rs 23,650; and in Jharkhand it was Rs 21,460.

The petition added that this discouraged young aspiring lawyers who do not have the resources to pay such fees.

Recently, the Kerala High Court had issued an interim order against the enrolment fee for prospective advocates of Rs 15,900 in the State.

Court ruled that the Bar Council will not be permitted to collect an enrollment fee in excess of the Rs.750 prescribed by law when enrolling prospective advocates.

Justice Shaji P Chaly, while dealing with a petition filed by recent law graduates, said that the Bar Council will be directed to accept applications from petitioners with a fee of Rs.750, subject to the outcome of this writ petition.

Case Title: Gaurav Kumar vs. Union of India