Enrolment Fees
Bar councils' enrolment fee can't exceed that in Advocates Act - SC
This story was originally published at 12:27 IST on 30 July 2024
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NEW DELHI – The Supreme Court today ruled that enrolment fees charged by state bar councils can't exceed the figure stated in Advocates Act, 1961. This means that for enrolment as an advocate, a law graduate has to pay an amount of 750 rupees for general category, and 125 rupees for Scheduled Caste or Scheduled Tribes categories.
"The state bar councils cannot prescribe enrollment fees beyond S. 24(1)(f)( of Advocates Act); doing so is in violation of the Advocates Acts," said a Bench led by Chief Justice of India D.Y. Chandrachud. "Right to pursue one's profession is part of the right to dignity, charging exorbitant enrollment fees is a barrier to pursuing their right to profession, especially for those from the underprivileged categories. This would be in violation of Right to Equality," the apex court said.
Any charge other than what is stipulated under the Advocates Act was in violation of article 19)(1)(d) of the Constitution, it said. Bar councils could charge for services like legal aid and other things being rendered but not at the time of enrolment, it said, adding that its decision would have a prospective effect and state bar councils are not required to refund fees collected earlier.
The top court was hearing a bunch of petitions challenging the exorbitant enrolment fees charged by various bar councils across the country. In a hearing in April, the apex court had noted that in Odisha, an enrolment fee of 42,100 rupees was being charged; in Gujarat it was 25,000 rupees; in Uttarakhand 23,650 rupees; and in Jharkhand it was 21,460 rupees. The petitioners had said that high enrolment fees discouraged young aspiring lawyers, who did not have the resources to pay them. End
Reported by Surya Tripathi
Edited by Avishek Dutta
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