Bar Councils cannot collect enrollment fee in excess of law: Supreme Court
“Some of these State Bar Councils were charging ₹40,000 as enrolment fee,” Chief Justice Chandrachud said
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| Photo Credit: Shashi Shekhar Kashyap
The Supreme Court on July 30 held in a judgment that the Bar Council of India and State Bar Councils cannot demand more than ₹750 from advocates who belong to the general category and ₹ 125 from backward categories as enrolment fee.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud concluded that charging astronomical fee in the name of miscellaneous fee is a violation of the fundamental rights of young advocates, especially if they belong to the poorer or marginalised communities.
Supreme Court seeks Bar Council of India’s reply on plea challenging ‘exorbitant’ enrolment fees for aspiring lawyers
The charging of bloated fee is also a violation of Articles 19(1)(3) and 14 of the Constitution and Section 24(1)(f) of the Advocates Act.
“Some of these State Bar Councils were charging ₹40,000 as enrolment fee,” Chief Justice Chandrachud said.
Bar Council of India Chairman, senior advocate Manan Kumar Mishra, asked the court for permission to make a representation before the government to statutorily hike the enrolment fee.
The court clarified that the judgment would act prospectively. The Bar Councils need not refund the fee already collected over the years.
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