Andhra Pradesh HC Seeks Stand Of State Bar Body, BCI In Plea Against "Exorbitant Fee" Of ₹500 For Verifying Certificate Of Practice

The Andhra Pradesh High Court on Wednesday sought the stand of the Bar Council of India as well as State Bar Council in Kurnool Bar Association's plea challenging the state bar body's circular mandating payment of an "exorbitant fee of Rs 500" for verification/renewal of Certificate of Practice.

Justice Venkateswarlu Nimmagadda issued notice to the Bar Council of Andhra Pradesh and the Bar Council Of India and listed the matter on December 19. 

The petitioner bar association has contended that following the corresponding notice issued by BCI in January, the State Bar Council issued a circular in July, 2024 to the presidents of all bar associations in the state for the verification/processing fee i.e., renewal of certificate of practice.

"Therefore, all the Advocates are informed to submit Verification Applications i.e. Form "A" along with 5 Vakalatnamas / Order Sheets etc., from 15-07-2024 to 15-09-2024 along with fee of Rs. 500/-, through SBI Challan. I further request the Presidents of the Bar Association, to place the said circular on the Notice Board of the Association for information of the Advocates and to take initiative and submit the applications collectively, through Bar Associations," the circular stated. 

The petitioners contended that most young lawyers/new lawyers practice under a senior, which makes it very hard for them to produce the 5 vakalatnamas.

That, following the issuance of the Circular, it was unanimously, opposed by the Kurnool Bar Association which subsequently decided to approach the High Court for relief.

However on July 21 a General Body Meeting of the Bar Council of Andhra Pradesh was held and discussed the issue of submission of Renewal/ Fresh Certificate of Practice (COP) applications, to be submitted by the Advocates, in pursuance of the directions of the Bar Council of India. 

The Council, after considering the representations received from the Advocates and the Bar Associations and after due deliberations decided to constitute a Committee with the Members of the Bar Council, to look into the issue for examination of the relevant Rules, BCI Circulars and directions of the Central Verification Committee, constituted by Hon'ble Supreme Court, to seek clarification from the Bar Council of India, on the subject. Subsequently the bar council resolved to stay all the proceedings till August 31.Thereafter the bar council of state of Andhra Pradesh haven't decreased the amount of Rs.500/- and continued the same for verification of certificate of practice.

It is pertinent to submit that on the suggestions made by the Committee, the Bar Council of the state directed to address a letter to the Bar Council of India, seeking clarification on the documents to be submitted along with the application with regard to certified copies of atleast 5 Vakalatnamas in which The Bar Council of India has further informed, filing of documents is necessary to weed out the non-practicing Advocates.

Pursuant to the same, the state bar council issued dated November 21 which states that for conveyancing lawyers, submission of five documents from the last three years, supporting the claim of being a conveyancing practice lawyer. The plea states that the action of the state bar council in issuing the circular dated November 21 to the presidents of all bar associations in fixing exorbitant verification/processing fee is contrary to the rule 8 & 9 of Bar Council Of India Certificate & Place Of Practice (Verification) Rules 2015 and Advocates Act 1961 is illegal, arbitrary and violation of article 14,19 & 21 of the constitution of India 1950. 

“It is pertinent to submit that in the said impugned circular it was clearly mentioned that no.5 Vakalatnamas / Order Sheets are mandatory at the time of verification of certificates which is contrary to the rules. Therefore for each valakath the amount of rs.250/- have been charging by the bar council of state of Andhra Pradesh. Therefore it is the day to day challenge to the junior advocates to file fixed number of 5 valakats which is professional hardship,” the petitioners have said. 

Case title: Kurnool Bar Association vs. The Bar Council of India & Another

Counsel for petitioner: Regulagadda Benkatesh

WP 29171 of 2024