NEW DELHI, July 30: The Supreme Court of India has ruled that state bar councils cannot charge more than Rs 650 and Rs 125 for enrolling law graduates from general and SC-ST categories, respectively, as lawyers.
The Court’s decision came after a batch of pleas challenged the “exorbitant” fees being levied by state bar councils. The bench, which included Chief Justice of India (CJI) D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, emphasized that both the Bar Council of India (BCI) and state bar councils are bound by the provisions of the Advocates Act, 1961, and cannot impose fees exceeding the amounts set by Parliament.
Referring to Section 24 of the Advocates Act, the bench clarified that the fee for enrolling a law graduate as a lawyer is set at Rs 650, and only Parliament has the authority to alter this amount through legislative amendments.
The Supreme Court had previously issued notices on April 10 to the Centre, the BCI, and other state bar bodies regarding the pleas, which highlighted significant discrepancies in enrollment fees. The pleas contended that the fees charged by some state bar councils were in violation of the statutory provisions and effectively barred young aspiring lawyers from enrolling due to financial constraints.
The Court noted that the enrollment fees reported were substantially higher in some states: Rs 42,100 in Odisha, Rs 25,000 in Gujarat, Rs 23,650 in Uttarakhand, Rs 21,460 in Jharkhand, and Rs 20,050 in Kerala. The high fees were seen as an impediment to aspiring lawyers who lack the financial means to afford them.
The Supreme Court’s ruling mandates that state bar councils adhere to the statutory fee structure, ensuring that the process of enrolling as a lawyer is accessible and equitable for all law graduates.
