In a landmark ruling, the Supreme Court has mandated that the enrolment fees charged by the Bar Council of India (BCI) and State Bar Councils must adhere strictly to the limits set by the Advocates Act. The decision came from a bench including Chief Justice of India DY Chandrachud and Justice JB Pardiwala, who clarified that the prescribed fees are ₹750 for general category candidates and ₹125 for those from Scheduled Castes and Scheduled Tribes.
The court unequivocally stated that there is no provision under the Advocates Act for miscellaneous charges, emphasizing that only the enrolment fee and stamp duty are permissible. This ruling aims to prevent the imposition of any additional fees under the guise of miscellaneous charges, ensuring that the provisions of the Act are upheld.
The judgment, with prospective application, means that excess fees previously collected will not be subject to refunds. Key points from the verdict include:
- No fees beyond those specified in Section 24(1)(f) of the Advocates Act.
- Only enrolment fee and stamp duty charges are allowable.
- Any additional charges are a violation of Article 19(1)(g) of the Constitution, which protects the right to practice a profession.
- Bar Councils may charge for services such as legal aid, but not at the time of enrolment.
This decision arose from petitions challenging the high enrolment fees set by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. The Supreme Court consolidated these cases to ensure a uniform ruling, avoiding multiple proceedings across different High Courts.
During the case proceedings, advocate Vrinda Bhandari highlighted the financial burdens faced by marginalized individuals, exemplified by a petitioner from the Pardhi community who paid ₹21,000 for enrolment and ₹1,500 for the form, relying on a private fundraising campaign for assistance. Despite arguments from BCI leaders supporting the fees for welfare activities, the court’s decision underscores the necessity of adhering to statutory limits.
