The Supreme Court on Tuesday ruled that the enrolment fee charged by Bar Councils from advocates cannot exceed the amount mentioned in the Advocates Act.
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra held that he State Bar Councils and the Bar Council of India cannot charge any amount to admit advocates to the roll above the amount specified under Section 24(1)(f) of the Advocates Act.
The Act fixes the enrollment fee at Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories.
The apex court clarified that State Bar Councils cannot charge any amount over the above-specified amounts in the garb of "miscellaneous fee", "stamp duty" or other charges.
The bench headed by CJI Chandrachud held that by prescribing additional fees for enrolment, the State Bar Councils have created additional substantive obligations for enrolment, which are not provided by Advocates Act.
The judgment further states that that charging exorbitant fees as a pre-condition for enrolment creates barriers for those belonging to the marginalised sections to pursue their profession.
The apex court noted that since the candidates have little agency at the time of enrollment, they are forced to pay the exorbitant fees charged by Bar Councils.
Several petitions were filed in the top court challenging the exorbitant fees charged by Bar councils across the country. The amount charged for enrollment went upto to Rs 35,000 to Rs 40,000 at some places.
The top court today ruled that Bar councils cannot exceed the limits set by the law enacted by Parliament. However, the court ruled that the verdict will not have retrosprospective effect. Thus, the Bar Councils are not required to refund the excess enrolment fees collected before this verdict.