Many Young Lawyers May Not Have Money To Pay What These Bar Councils Are Charging: Says CJI While Considering PIL Challenging 'Exorbitant' Enrollment Fee
|Observing that numerous young lawyers may face financial constraints preventing their enrollment in State Bar Councils due to excessively high enrollment fees, the Supreme Court today orally remarked that the State Bar Councils ought to levy only the amount statutorily permitted.
The Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra was dealing with a Public Interest Litigation challenging the alleged exorbitant enrollment fee being charged by the State Bar Councils. On the last date of the hearing, the Court had transferred to itself various Writ Petitions pending before several High Courts challenging the exorbitant and varied enrollment fee being charged by the State Bar Councils. Earlier, remarking on how Dalits or rural law Graduates will afford the enrollment fee, the Court had directed all the State Bar Councils to file their reply to the PIL filed.
Today, appearing for the Respondents, Senior Advocate Manan Kumar Mishra sought an adjournment. Mishra stated, "Several State Bar Councils are here to respond but the prayer was to list it in some time in January."
Expressing surprise at the long adjournment sought, the CJI stated, "January? but now then don't collect more than 600 rupees." Clarifying, Mishra submitted, "In the name of the enrollment fee, no Bar Council is collecting more than 600 rs. We cannot. We have responded to that."
Noting the submission made, the CJI remarked, "We will record your statement that no amount apart from what is statutorily authorised namely Rs. 600 will be collected." However, Mishra stated. "That will create some problems. May keep it for the next time and we will inform you."
The Court declined to schedule the matter for January and, instead, directed that it be listed for the upcoming Monday. CJI stated, "We will keep it next week... why January? my fear is so many young lawyers may not have the money to pay what these bar councils are charging. 25k-30k they are charging. we will deal with it on Monday."
The Court accordingly directed the matter to be listed on Monday.
On April 10, 2023, the Supreme Court issued a 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 Court had directed the petitioner-in-person to serve the petition on the Bar Council of India. The Chief Justice-led Bench had noted that the plea raises a substantive issue pertaining to the enrollment fee charged by various Bar Councils in violation of Section 24 of the Advocates Act. The Bench had also orally observed 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 Kerala charges an amount of Rs. 20,050/-. The petitioner had in its plea submitted that this denies facility of enrollment to young aspiring lawyers who do not have the means.
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.
Cause Title: Gaurav Kumar Petitioner v. Union Of India & Ors. [W.P.(C) No. 352/2023]