'State Bar Councils Can't Charge More Than Rs 750 From Lawyers As Enrollment Fees,' SC Orders

New Delhi: The Supreme Court of India has ruled that state bar councils cannot charge more than ₹750 for enrolling general category law graduates as lawyers and ₹125 for those from reserved categories. The bench, led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, addressed a series of pleas challenging the high enrolment fees imposed by various state bar councils.

The court emphasized that state bar councils cannot exceed these specified amounts under any category such as "miscellaneous fee," "stamp duty," or other charges. According to the Advocates Act of 1961, Section 24(1)(f) prescribes the enrolment fee as ₹600 for the State Bar Council and ₹150 for the Bar Council of India for general category advocates. For SC/ST category advocates, the fees are ₹100 and ₹25, respectively.

The bench clarified that since Parliament has set these enrolment fees, bar councils must adhere strictly to them. Section 24(1)(f), being a fiscal regulatory provision, must be interpreted strictly, and neither the State Bar Councils nor the Bar Council of India can alter the fiscal policy established by Parliament.

The lead petition, Gaurav Kumar vs Union of India, questioned whether the exorbitant fees demanded by state bar councils violate the Advocates Act's provisions. Petitioners argued that the excessive fees are unlawful and impose undue financial burdens on aspiring advocates, with some states charging up to ₹40,000 for enrolment.

The petitioners maintained that these high fees contradict Section 24(1) of the Advocates Act, which outlines the qualifications and conditions for admission as an advocate. They called for reasonable and standardized fees to ensure equal access to the legal profession without financial discrimination.