Bar Council Of Kerala To Collect ₹750 As Enrollment Fee Till BCI Fixes Uniform Fee Structure: Kerala High Court
The Kerala High Court in an interim order has 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.
While noting the relevance, a bench of Chief Justice S.V.N. Bhatti, and Justice Basant Balaji observed, “To a pointed query from the Court, learned senior counsel appearing for the Bar Council of Kerala has stated that so far as the petitioners are concerned by accepting Rs.750/- enrolment fee, the enrolment of respective petitioners has been completed. In the fitness of things in the exercise of our jurisdiction, by according to the petitioners herein, the representative status to agitate the grievance for and on behalf of similarly situated graduates, who would be interested in getting enrolled on the rolls of the Bar Council of Kerala, we extend the same benefit to such of the aspirants as well. Such a course would avoid a series of individual cases by the aspirants”.
Senior Advocates Grashious Kuriakose and G. Sreekumar appeared for the appellants-respondents and Senior Advocate Maitreyi Sachidananda Hegde appeared for respondents-petitioners.
The present appeal was against an interim order dated February 15, 2023.
While underlining the order dated March 16, 2023, the bench noted, “Our attention is drawn to the order dated 16.03.2023 in the subsequent matter and stated that under the aegis of Bar Council of India, steps have been initiated to ensure a uniform fee structure at the time of enrolment of BL Graduates as advocates under the Advocates Act. Upon such a decision being taken by the Apex Body, the decision is placed before the Hon’ble Supreme Court. It is suggested that instant appeals can be considered by this court at a later point of time”.
The bench has further listed the matter after two months.
The Supreme Court had earlier issued a notice on a Public Interest Litigation filed 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.
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 Supreme Court then on May 12, 2023 directed all the State Bar Councils to file their reply to the Public Interest Litigation filed challenging the 'exorbitant' enrollment fee being charged by the State Bar Councils.
The Court also 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.
On the request made by the BCI Chairperson, the Court had also allowed the transfer applications to be taken up on the board and issued a notice on the same. Further, the Chief Justice observed, "I think the Bar Council of India has to intervene because you know these State Bar Councils are charging huge amounts." Manan Kumar Mishra was quick to respond that "the Fee of Rs. 600 was fixed in the year 1993 and today, it should be Rs. 50,000".
Expressing their shock, the Chief Justice had then replied, "Rs. 50,000? How will a Dalit student or a rural law graduate afford it?"
The CJI had further added that "Also, we want to know how much is being collected by way of fees by the State Bar Councils per year. What is the amount they are collecting? How much is the realization of the fee every year?"
