How Much Enrollment Fee Can State Bar Councils Charge? Supreme Court To Decide After Holi Recess

The Supreme Court on Monday (March 18) informed the petitioners seeking to challenge the enrolment fee charged by State Bar Councils that it would consider the issue after the Holi recess and deliver a judgment addressing the same. 

The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra is seized on the present matter along with similar other petitions challenging the different enrolment fees being charged by different state bar councils as exorbitant.  

Senior Advocate Mr Ragenth Basant appearing for the petitioner submitted that the main issue was limited to the question of whether the Bar Councils in light of S. 24(1)(f) of the Advocates Act of 1961 levy a fee beyond what is prescribed.  

Taking note of the same, the bench remarked, " We will deliver a short judgment, we will keep it immediately after Holi" 

The Senior Counsel reiterated the continuous position of levying exorbitant fees in different states by the Bar Councils. 

" In Kerala, it is 15,000 Rs when the Statue says it is 750 Rs...Orissa I am told it is  42000 Rs" 

Senior Advocate R Balasubramanian, appearing for the Bar Council of India, informed the bench that the Court had earlier allowed the transfer plea filed by the BCI for the transfer of petitions to the High Court.  

The Advocates Act of 1961 under S. 24(1)(f) prescribes the enrollment fee payable to the State Bar Council as Rs. 600/-. A detailed chart on the state-wise fee chargeable by different bar councils can be accessed here.  

On a previous occasion, the bench had questioned the Bar Councils for charging the enrollment fee beyond the amount specified under the Advocates Act. The bench noted that the enrollment fee was non-uniform across various States. For example, in Odisha, it is Rs 42,100; in Gujarat, it is Rs.25,000; in Uttarakhand, it is Rs 23,650; in Jharkhand, it is Rs 21,460; in Kerala, it is Rs.20,000. Last year, the Supreme Court transferred to itself the petitions filed in various High Courts challenging the enrollment fee. 

On similar lines, the Court on February 2 issued notice on a writ petition filed by a law graduate challenging the enrollment fee charged by the Uttar Pradesh State Bar Council. 

Background  

In April 2023, the Court issued notice in the present petition. Terming that it is a "significant issue", a bench comprising Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala issued notice to the Union Government, Bar Council of India and all state bar councils on the writ petition filed by Gaurav Kumar.

The petitioner, who appeared as party-in-person, submitted 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 are not charged.

The petitioner submitted that it affected the young aspiring lawyers who do not have the resources, the bench recorded while issuing notice. 

Recently, 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". 

"We also have one caveat arising from the plea that different State Bar Councils are charging different fees for enrolment. This is something which needs the attention of the Bar Council of India, which is not devoid of the powers to see that a uniform pattern is observed and the fee does not become oppressive at the threshold of young students joining the Bar", the Constitution Bench judgment led by Justice SK Kaul had observed in the judgment (Bar Council of India v. Bonnie Foi Law College & Ors.) 

On February 15, 2023 he Kerala High Court passed an interim order restraining the Kerala Bar Council from charging more than Rs 750 as an enrolment fee from a few petitioners, who challenged the fee. 

Case Title : Gaurav Kumar vs Union of India | W.P.(C) No. 352/2023