Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750

The Bar Council of Kerala (BCK) has appealed to a division bench of the Kerala High Court against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court. The Bar Council has stated in its petition that the interim order restricting the enrolment fee to Rs. 750 has virtually stalled the enrolment process.

“The said interim order has far reaching and debilitating effects, generally on the functioning of the Appellant [BCK] as a regulatory body and in particular on the functioning of the Appellant [BCK] in enrolling eligible persons as advocates on its rolls”, the petition filed by the Bar Council states. 

The Bar Council argues in its petition filed through Adv Pranoy K. Kottaram and Adv Sivaraman P.L that the judgment of the High Court in Koshy T. v. Bar Council of Kerala, Ernakulam and Another (2017 KHC 553), based on which a single bench of Justice Shaji P Chaly had passed the order was meant to be applied in a different context. The BCK in its petition avers that the said decision only curtails the powers of the Bar Council in imposing a `"Special Fee" for candidates enrolling as advocates after retirement from service on attaining superannuation. This decision does not in anyway restrict the power of the BCK in imposing conditions for enrolment under Section 28 (2) (d) of the Advocates Act, 1961, according to the BCK. It is also contended in the petition that:

“The power of the State Bar Council under Section 28 (2) (d) of the Advocates Act to impose conditions subject to which a person maybe admitted as an Advocate on the roll is unquestionable and exercising of such powers by the State Bar Council will not in any manner interfere with or alter the ``Enrolment Fee" statutorily fixed under Section 24 (1) (f) of the Advocates Act"

According to the BCK, the State Bar Council has the legal right to establish eligibility criteria, and potential advocates seeking to be enrolled have to bear the financial burden of meeting such criteria. The BCK is allowed to collect funds from persons wanting to enrol in order to satisfy the eligibility conditions, but these funds are not be considered as part of the statutory enrolment fee fixed at Rs. 750/-, it argues.

“Equating amounts required for satisfying eligibility conditions with "Enrolment Fee" has created an unwanted impression that the State Bar Councils have exceeded their rule-making power and have altered the statutorily fixed enrolment fee of Rs. 750/-“.

The petition also states that the BCK is constrained to collect funds for the services it provides, because as an autonomous body it has limited sources of income. The funds collected are required to maintain the BCK office and for paying its staff members and also for enrolment expenses and other miscellaneous expenses incurred. 

When the matter came up before the division bench of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen on Wednesday, the court directed all connected writ petitions to be called together and posted the matter for further consideration on 16th March 2023.

The single bench passed the order in a writ petition filed by law graduates who were desirous of enrolling as advocates with the Bar Council of Kerala in the upcoming enrolment. The petitioners had challenged the “exorbitant and illegal fees” of Rs 15,900/- being levied by the Kerala Bar Council for enrolling advocates. The petitioners included candidates belonging to the SC/ST and OBC categories from low income backgrounds for whom such high fees is an insurmountable financial burden.

Case Title: The Bar Council Of Kerala Vs Akshai M. Sivan and Others