Supreme Court Caps Enrolment Fees for Lawyers at ₹600
On Monday, the Supreme Court ruled that the enrolment fees charged by the Bar Council of India (BCI) and State Bar Councils must not exceed the limit prescribed by the Advocates Act. The Court emphasized that the enrolment fee cannot go beyond ₹600 as stipulated in Section 24(1)(f) of the Act.
The Bench, consisting of Chief Justice DY Chandrachud and Justice JB Pardiwala, clarified that no additional fees or miscellaneous charges beyond the statutory enrolment fee and stamp duty are permitted. They stated, “There is no provision under the Advocates Act for charging miscellaneous fees, which would be contrary to the Act. Only the enrolment fee as specified by the statute and the stamp duty are payable.”
The Court’s verdict outlined several key points:
- Fees must adhere strictly to the limit set by Section 24(1)(f) of the Advocates Act.
- Only enrolment fees and stamp duty charges are permissible; no other fees can be charged.
- Any fees beyond those specified in the Act violate Article 19(1)(d) of the Constitution.
- The judgment will have prospective effect, meaning that while BCI and State Bar Councils must comply with the ruling moving forward, they are not required to refund fees collected prior to this decision.
The Court also noted that while bar councils are allowed to charge for additional services like legal aid, such fees cannot be imposed during the enrolment process.
The Supreme Court issued this judgment in response to petitions concerning excessive enrolment fees set by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. These petitions, initially filed in different High Courts, were consolidated and transferred to the Supreme Court to streamline the proceedings.
During the hearings, advocate Vrinda Bhandari, representing a petitioner from the marginalized Pardhi community, highlighted the financial struggles faced by her client. The petitioner had to raise ₹21,000 for enrolment and ₹1,500 for the enrolment form through a private fundraising campaign due to financial constraints.
Senior Advocates Manan Kumar Mishra and S Prabhakaran, Chairman and Vice Chairman of the BCI, respectively, defended the fees, citing the welfare initiatives undertaken by the bar councils for the legal community.
(With inputs from agency)
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