Supreme Court Issues Notice In PIL Challenging 'Exorbitant' Enrollment Fee Charged By Different State Bar Councils

The Supreme Court today issued notice on a Public Interest Litigation filed challenging the alleged exorbitant enrollment fee being charged by the State Bar Councils and has directed the petitioner-in-person to serve the petition on the Bar Council of India.

The Bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice J.B. Pardiwala issued notice on the PIL filed by Gaurav Kumar, petitioner-in-person challenging the enrollment fees being charged by the different State Bar Councils. "Exorbitant fee charged by different State Bar Councils, this is excessive and contrary to Section 24 of the Advocate Act, 1961" submitted the petitioner-in-person. 

The Petitioner contended that such varied and exorbitant amount being charged by the State Bar Councils is violative of Article 14 of the Constitution of India and is also in breach of Section 24 of the Advocate's Act. Considering the submissions made by the petitioner in person, the Chief Justice of India issued notice and found that the issue was worthy of consideration. "This is a significant issue," said the CJI. 

The CJI dictated the order that the petitioner has raised a substantive issue pertaining to the enrollment fee charged by various Bar Councils in violation of Section 24 of the Advocates Act. The Bench further said that the Bar Council of India should step in and ensure that such exorbitant fees should not be charged.

The bench noted that the Bar Council of Orrisa charges an amount of Rs. 42,000/-, Bar Council of Uttrakhand an amount of Rs. 23650/-, Bar Council of Jharkhand an amount of Rs 21460/- and Bar Council of Kerela charges an amount of Rs. 20,050/-.

The Bench further noted that "the petitioner submitted that this denies facility of enrollment to young aspiring lawyers who do not have the means" and issued notice to the Bar Council.

Section 24 of the Advocate Act deals with the persons who may be adopted as Advocates on a State roll. It states that the persons who may be adopted as advocates on a State roll. Section 24 specifies the qualifications of a person entitled to be enrolled on the Bar. The section states that subject to the provisions of this Act, and the rules made there under, a person shall be qualified to be admitted as an advocate on a State roll if he fulfils the conditions mentioned therein. 

Cause Title: Gaurav Kumar V. Union of India & Ors.