Bar Councils cannot collect enrollment fee in excess of law: Supreme Court

In Gaurav Kumar Vs. Union of India, Supreme Court has concluded in 68 page long verdict that the the State Bar Councils (SBCs) cannot charge “enrolment fees” beyond the express legal stipulation under Section 24(1)(f) as it currently stands. Section 24(1)(f) of Advocates Act, 1961 specifically lays down the fiscal pre-conditions subject to which an advocate can be enrolled on State rolls. 

The SBCs and the Bar Council of India (BCI)  cannot demand payment of fees other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment. The decision of the SBCs to charge fees and charges at the time of enrolment in excess of the legal stipulation under Section 24(1)(f) violates Article 14 and Article 19(1)(g) of the Constitution. This decision will have prospective effect. The SBCs are not required to refund the excess enrolment fees collected before the date of this judgment.

The enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories. The Courthas held that SBCs cannot charge any amount over the above-specified amounts under the head of "miscellaneous fee", "stamp duty" or other charges. The SBCs and the BCI cannot charge any amount to admit advocates to the roll above the amount specified under Section 24(1)(f) of the Advocates Act.

The Advocates Act of 1961 under S. 24(1)(f) provides that the enrollment fee payable to the State Bar Council as Rs. 600/- and Rs 150/- towards the Bar Council of India for advocates belonging to the general category. For advocates belonging to SC/ST categories, the amounts are Rs.100 and Rs.25 respectively.