The Supreme Court has stepped in to address the ongoing issue of high enrolment fees charged by State Bar Councils. The bench, headed by Chief Justice DY Chandrachud and including Justices PS Narasimha and Manoj Misra, granted the transfer plea filed by the Bar Council of India, bringing together separate petitions from the High Courts of Kerala, Madras, and Bombay.
Recent rulings by the Kerala, Madras, and Bombay High Courts had shed light on the matter. The Kerala High Court, in response to an appeal by the Bar Council of Kerala, directed the council to collect only Rs. 750/- as enrolment fee until a uniform fee structure is decided by the Bar Council of India. The petitioners had challenged the exorbitant fee of Rs. 15,900/- imposed by the Kerala Bar Council, arguing that it exceeded the limit set by Section 24(1)(f) of the Advocates' Act.
Likewise, the Madras High Court took notice of a plea filed by Manimaran, a fifth-year law student, challenging the enrolment fee charged by the Bar Council of Tamil Nadu and Puducherry. The court found merit in the petition and issued notice to the Bar Council of India and the state government.
Similarly, the Bombay High Court addressed a lawyer's petition challenging the decision of the Bar Council of Maharashtra and Goa to increase enrolment charges to Rs. 15,000.
All these cases have now been transferred to the Supreme Court, which had previously expressed concern over the discrepancies between prescribed fees and fees being charged by State Bar Councils. The court had emphasized the need for a uniform fee structure that avoids burdening aspiring lawyers.
In its judgment on the All India Bar Examination, a Constitution Bench of the Supreme Court had urged the Bar Council of India to ensure that enrolment fees do not become "oppressive" for young students entering the legal profession.
This move by the Supreme Court signifies its commitment to address the issue of enrolment fees charged by State Bar Councils, with the aim of establishing fairness and uniformity in the legal profession.
Case Title: Bar Council of India v. Akshai M Sivan T.P. (C) No. 1310-1312/2023
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