How much can the State Bar Councils Charge New Advocates?

In the recent case of Gaurav Kumar v. Union of India, 2023, the Supreme Court of India took up a writ petition challenging the excessively high enrolment fees that   State Bar Councils (SBCs) and the Bar Council of India (BCI) charge potential advocates. The petitioner argued that these fees were arbitrary, unreasonable, and illegal and that they violate the provisions of the Advocates Act, 1961.

What does the law say about enrollment fees?

The State Bar Councils (SBCs) are responsible for enrolling law graduates on their respective State rolls which are lists of advocates maintained by the bar councils of every state. According to Section 24(1)(f) of the Advocates Act, the enrolment fee for the SBCs is Rs. 600 and for the BCI is Rs. 150 for general candidates. For Scheduled Caste and Scheduled Tribe candidates, the fees are Rs. 25 and Rs. 100, respectively.

However, BCI as well as  SBCs and BCI charge additional fees for various purposes such as library fund contributions, administration fees, and identity card fees, resulting in a cumulative fee ranging from Rs. 15,000 to Rs. 42,000. The petitioner argued that these extra fees violate the law and create a financial barrier for many aspiring advocates.

What did the Court say?

The Supreme Court held that SBCs and BCI cannot charge enrolment fees more than the the amount explicitly givenunder Section 24(1)(f) of the Advocates Act. 

The Court found that the decision of the SBCs and BCI to impose additional charges violated Article 14 (right to equality) and Article 19(1)(g) (right to practice any profession) of the Constitution of India. 

They said that the excessive fees create barriers for marginalized and economically weaker sections. This contradicts the intent of the law, i.e., fostering an inclusive Bar. The judgment clarified that the additional fees collected are not a valid precondition for enrollment and that the history of the law opposes such charges. 

The decision was given prospective effect, which means that  State Bar Councils do not have to refund excess fees collected before the judgment date but will have to implement the new mandate for all future enrollments.

This case is a significant step toward ensuring that the enrolment process for advocates is equitable and in line with the laws of the land. By stopping the SBCs and BCI from imposing arbitrary fees, the judgment reinforces the intent of the Advocates Act to make the legal profession accessible to all, particularly those from economically weaker backgrounds. 

To know more about the process to enroll as an advocate in India, read Nyaaya’s explainer here.