New Delhi: The Supreme Court on Tuesday ruled that the State Bar Councils (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 as an advocate under the Advocates Act, 1961.
A bench, headed by CJI D.Y. Chandrachud, said that 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. Section 24(1)(f) as it currently stands provides for an enrolment fee of Rs 600 payable to the SBCs and Rs 150 to the BCI by general candidates and a total of Rs 125 by SC and ST candidates.
The Bench, also comprising Justice J.B. Pardiwala, asked the Bar Councils to ensure that the fees charged at the time of enrollment comply with Section 24(1)(f) and that the provision is not defeated either directly or indirectly under the garb of different nomenclatures.
“The SBCs are imposing miscellaneous fees and charges in the guise of an enrolment fee, which cumulatively exceeds the statutory stipulation under Section 24(1)(f). The decision of the SBCs to charge an enrolment fee beyond the stipulated amount is contrary to the legislative object of the Advocates Act,” the top court said.
It clarified that its decision will have prospective effect and the SBCs are not required to refund the excess enrolment fees collected before the date of its judgment.
The Supreme Court in July last year had transferred to itself various petitions pertaining to exorbitant enrollment fees which were pending consideration in different High Courts on an application filed by the Bar Council of India (BCI).
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