State bar councils cannot charge high enrolment fees, says SC; issues notice on BCI plea for transfer of cases

A bench headed by Chief Justice of India D Y Chandrachud observed that the state bar councils cannot charge high enrolment fees under the cover of undertaking welfare schemes.

New Delhi: The Supreme Court on Wednesday issued notice on a plea by the Bar Council of India (BCI) seeking the transfer of cases pending in high courts – against state bar councils charging alleged exorbitant fees for enrolling law graduates as lawyers – to the apex court.

A bench headed by Chief Justice of India D Y Chandrachud observed that the state bar councils cannot charge high enrolment fees under the cover of undertaking welfare schemes. Separate petitions have been filed in this matter in the high courts of Kerala, Madras, and Bombay. The BCI’s plea sought the transfer of all these petitions to the apex court.

The bench, also comprising justices P S Narasimha and Manoj Misra, issued notice to all those who had filed petitions in the high courts. During the hearing, BCI chairperson and senior advocate Manan Kumar Mishra contended that the fee charged by state bar councils was meant for welfare measures.

"There you are in trouble...You cannot ask these fees (for welfare measures) as enrolment fees...,” the bench said. The top court further observed that they can ask for welfare schemes but not as enrolment fee. The top court did not stay the proceedings before the high courts and pointed out that high courts usually do not proceed with the hearing in the matter after it issues notice on the transfer plea.

In April this year, the apex court had issued notice to the BCI and others on a separate petition against the "exorbitant" fees being charged by state bar councils for enrolling law graduates as advocates in the country. The petition had made all the state bar councils parties to the matter.

“The submission is that the enrolment fees are in violation of Section 24(1) of the Advocates Act 1961 and that the Bar Council of India must step in to ensure that exorbitant enrolment fees are not charged. For instance, the petitioner alleges that the enrolment fees in Odisha is Rs 42,100, in Gujarat Rs 25,000, in Uttarakhand Rs 23,650, in Jharkhand Rs 21,460 and in Kerala Rs 20,050. The petitioner has submitted that this effectively denies the facility of enrollment to young aspiring lawyers who do not have resources," the apex court had recorded in its April 10 order, while issuing notice on the plea by Gaurav Kumar.