SC: Bar councils cannot charge exorbitant fees

New Delhi: State bar councils cannot charge exorbitant fees for enrolling law graduates as lawyers as it perpetuates “systemic discrimination” against marginalised and economically weaker sections, the Supreme Court ruled on Tuesday. Stating that “dignity is crucial to substantive equality”, the bench observed that state bar councils (SBCs) and the Bar Council of India (BCI) cannot “alter or modify” the fiscal policy laid down by Parliament. They are users of delegated powers under the Advocates Act, 1961, a bench headed by Chief Justice D Y Chandrachud said, specifying that they cannot charge more than Rs 650 and Rs 125 for enrolling law graduates from the general and SC-ST categories, respectively.

The verdict, which was reserved on April 22, came on 10 pleas filed by some lawyers who claimed SBCs were levying exorbitant enrolment fees, and the counter pleas of some SBCs. It was alleged that the enrolment fee is 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 in comparison to the fees of Rs 650 and Rs 125 provided under Section 24 of the Advocates Act.

“The SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee and the stamp duty, if any as a precondition to enrolment,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, held. Pronouncing the verdict, the CJI said, “The dignity of an individual encompasses the right of the individual to develop their potential to the fullest and the right to pursue a profession of one’s choice and earn a livelihood.

These are integral to the dignity of an individual.” Charging exorbitant enrolment fees and miscellaneous fees as a precondition for enrolment creates a barrier to entry into the legal profession, the court said.