In a recent legal development, the Supreme Court of India has shown concern over the financial challenges faced by young lawyers, hindering their enrollment in State Bar Councils due to exorbitant fees. The court, led by Chief Justice D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, addressed a Public Interest Litigation (PIL) challenging the alleged high enrollment fees set by State Bar Councils.

Previously, the court had consolidated various Writ Petitions from different High Courts, highlighting the diverse and excessive enrollment fees imposed by State Bar Councils. Recognizing the potential financial burden on specific demographics, the court instructed all State Bar Councils to respond to the PIL.

During the recent hearing, Senior Advocate Manan Kumar Mishra, representing the respondents, requested a postponement until January. Chief Justice Chandrachud expressed surprise and cautioned against collecting more than the statutorily authorized Rs. 600 until then. Despite Mishra's clarification that no Bar Council exceeded this limit, the Chief Justice insisted on an immediate response, expressing concern for young lawyers unable to afford the high fees.

On April 10, 2023, the Supreme Court issued a notification regarding a PIL filed by Gaurav Kumar challenging enrollment fees. The petitioner argued that these fees, charged by various State Bar Councils, were excessive and violated Section 24 of the Advocates Act, 1961. The Chief Justice-led Bench instructed the petitioner to formally deliver the petition to the Bar Council of India, emphasizing the significant issue raised.

The Bench highlighted specific instances of high fees, including Rs. 42,000/- by the Bar Council of Orrisa, Rs. 23,650/- by the Bar Council of Uttrakhand, Rs. 21,460/- by the Bar Council of Jharkhand, and Rs. 20,050/- by the Bar Council of Kerala. The petitioner argued that such fees create barriers for aspiring young lawyers with limited financial means, depriving them of enrollment opportunities.

Section 24 of the Advocates Act, 1961, which outlines criteria for individuals eligible for adoption as advocates on a State roll, is at the center of the dispute. The court expressed the opinion that the Bar Council of India should intervene to prevent the imposition of excessively high fees by various State Bar Councils, emphasizing the need for immediate action to address the financial challenges faced by young lawyers.

Case: Gaurav Kumar v. Union Of India & Ors,

Writ Petition(s)(Civil) No(s).352/2023.

Click here to read/download order.