Supreme Court Disposes Of Petition Challenging Enrolment Fees Of UP Bar Council In Light Of Its Recent Decision

The Supreme Court today (November 12) disposed of a petition filed by a law graduate, challenging the enrollment fee charged by the Uttar Pradesh State Bar Council, in light of its July 30, 2024 decision wherein it was observed that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories as specified in the Advocates Act, 1961.

On February 2, a bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued a notice in this writ petition where the petitioner appearing-in-person cited by the State Bar Council is Rs. 16,665 for lawyers to be enrolled at the U.P Bar. An additional sum of Rs. 5000/- would be charged for those wishing to expedite the processing within a single day. The petitioner challenged this fee as "exorbitant".

In Gaurav Kumar v. Union of India (2024),the Court held that exorbitant enrollment fees charged by the State Bar Councils violate an aspiring lawyer's right to choose a profession and dignity. Compelling lawyers from marginalised sections to pay hefty enrollment fees strikes at the heart of principles of equality.

It was held: "Thus, all the miscellaneous fees collected from a candidate at the time of enrolment essentially serve as a pre-condition to the process of enrolment. Section 24(1) specifically lays down the pre-conditions subject to which an advocate can be enrolled on State rolls. Since Section 24(1)(f) specifies the amount that can be charged by the SBCs as an enrolment fee, the SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee as a pre-condition to enrolment."

Considering this, a bench of Justices J.B. Pardiwala and Pankaj Mithal disposed of the present petition. 

Case Details: KULDEEP MISHRA vs. BAR COUNCIL OF UTTAR PRADESH W.P.(C) No.24/ 2024 

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