Supreme Court To Examine Validity Of 'Exorbitant' Enrolment Fees Charged By State Bar Councils

The Supreme Court on Monday issued notice on a writ petition which challenged the different enrolment fees being charged by different state bar councils as exorbitant.

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 is not charged.

He illustrated the non-uniform nature of the enrolment fees by showing that 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.

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.)

Recently, the Kerala High Court had passed an interim order restraining the Kerala Bar Council from charging more than Rs 750 as enrolment fee from few petitioners, who challenged the fee.

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