SC Takes Over Petitions Challenging State Bar Councils’ High Enrolment Fees

The Supreme Court has taken over petitions challenging high enrolment fees imposed by various State Bar Councils, which were previously pending in different High Courts.

A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices PS Narasimha and Manoj Misra allowed a petition moved by the Bar Council of India (BCI) to transfer all such cases to the top court.

The BCI highlighted that similar cases were pending before the High Courts of Kerala, Madras, and Bombay. Earlier this month, the Supreme Court issued notices to the Bar Councils of Kerala, Tamil Nadu, and Goa regarding the matter. During that time, the CJI expressed concerns over enrolment fees and emphasized the need for review.

The BCI argued that these petitions across different High Courts address common questions of law concerning the constitutional validity of enrolment fees. The BCI believed that transferring the cases to the Supreme Court would save judicial time and allow for an authoritative decision on the matter. The plea was filed through M/s Ram Sankar & Co.

The transfer petition was filed in response to a Kerala High Court order from last June, directing the Bar Council of Kerala (BCK) to charge a reduced enrolment fee of ₹750 from law graduates until the BCI establishes a uniform fee structure for all State Bar Councils. Prior to this, a single-judge of the High Court had issued an interim order in February, allowing petitioner-law graduates to provisionally apply for enrolment upon paying ₹750.

The benefit of the February order was initially limited to the petitioners in the case who challenged the BCK’s decision to charge ₹15,900 as enrolment fees. However, a Division Bench later extended the benefit to all law graduates seeking enrolment in the State.

In the meantime, a petition challenging notifications issued by the Bar Council of Maharashtra and Goa to increase enrolment fees to ₹15,000, effective from January 2020, was pending before the Bombay High Court.

The BCI also informed the Punjab & Haryana High Court that it would address the issue of exorbitant enrolment fees charged by State Bar Councils.

Earlier this year, the Supreme Court sought responses from State Bar Councils in response to a plea challenging the non-uniform and exorbitant enrolment fees collected by different State Bar Councils. In defense, the Bar Council of Maharashtra and Goa justified the fee hike, citing inflation and expenses for advocates’ welfare as reasons for the increase.