Supreme Court Transfers To Itself Petitions Pending Before Various High Courts Challenging Exorbitant Enrollment Fees

The Supreme Court today 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.

The Bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra were considering the Transfer Petition filed by the Bar Council of India seeking the transfer of several Writ Petitions from the High Courts of Kerala, Tamil Nadu and Maharashtra to avoid multiplicity of proceedings or conflicting judgments.

Appearing for the Bar Council of India, Senior Advocate Manan Kumar Mishra submitted that notice was issued on the petition on May 12, 2023, and that it may be allowed. "We have already served the Petitioners in the Writ Petition", submitted Mishra. He further asked for the matter to be fixed on any non-miscellaneous day.

Accordingly, the CJI agreed to transfer all the matters before the High Courts and ordered that "The transfer petitions are allowed." The CJI further told the lawyers that the Court will hear all the Bar Councils in the matter.

The application seeking transfer was filed by the BCI when the Supreme Court had issued notice on a Public Interest Litigation challenging the alleged exorbitant enrollment fee being charged by the State Bar Councils and had directed the petitioner-in-person to serve the petition on the Bar Council of India. Upon the matter being mentioned by the BCI Chairperson stating that similar matters have been filed before the High Courts, the Apex Court allowed the transfer applications to be taken on the board and issued a notice on the same.

In the PIL, Gaurav Kumar has challenged the enrollment fees being charged by the different State Bar Councils. Kumar had submitted that the exorbitant fee charged by different State Bar Councils is excessive and contrary to Section 24 of the Advocate Act, 1961. It is also contended that such varied and exorbitant amounts 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.

The Apex Court had asked the State Bar Councils to specify in their Counter-Affidavit how much amount by the way of the enrollment fee is being collected every year. During the hearing, the Chief Justice had also remarked, "How will a Dalit student or a rural law graduate afford it?".

Recently, the Kerala High Court in an interim order had directed the Bar Council of Kerala to collect only ₹750 towards enrollment fees from law graduates and aspirants interested in getting enrolled. The present directions were passed to avoid individual cases by the aspirants in future.

Cause Title: Bar Council Of India v. Akshai M. Sivan & Ors. [T.P.(C) No. 001310 - 001312 / 2023]