BREAKING | Bar Council cannot charge more than the amount specified under Section 24 of the Advocates Act as enrolment fee: Supreme Court

Background of the Case

The primary contention in the series of petitions was whether charging excessive enrollment fees contravenes Section 24(1) of the Advocates Act, 1961. The petitioners argued that it is the duty of the BCI to ensure that no excessive fees are charged, thereby making legal education and entry into the profession accessible and affordable for aspiring advocates.

Constitutional Bench’s Observation

In 2023, a five-judge Constitution Bench, while upholding the validity of the All India Bar Examination, also addressed the issue of enrollment fees. In the case Bar Council of India vs Bonnie Foi Law College & Others, Justice SK Kaul observed that the varying fees charged by different State Bar Councils need to be regulated. The Constitution Bench highlighted that the BCI has the authority to ensure uniformity in the fee structure and prevent oppressive charges on young entrants to the legal profession.

Conclusion

The Supreme Court’s ruling is a significant step towards regulating the enrollment fees for advocates and ensuring uniformity across the country. By capping the fees, the Court has addressed the concerns of excessive financial barriers faced by aspiring lawyers, particularly those from the SC/ST categories. This decision underscores the importance of making the legal profession accessible to all, in line with the principles enshrined in the Advocates Act, 1961.

Case Title: Gaurav Kumar vs Union of India (W.P.(C) No. 352/2023) and connected matters.