Supreme Court Orders Bar Councils to Stop Charging Excessive Enrolment Fees from Law Graduates

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 The Supreme Court of India has ruled that State Bar Councils (SBCs) cannot charge excessive enrollment fees for law graduates beyond what is mandated by the Advocates Act, 1961. The court emphasized that such fees create barriers to entering the legal profession, particularly for those from marginalized backgrounds. The ruling came from a three-judge bench, including Chief Justice D Y Chandrachud, while addressing petitions challenging the fees levied by SBCs beyond the prescribed limits under Section 24(1)(f) of the Act.

The court clarified that the SBCs and the Bar Council of India (BCI) are not authorized to demand any enrollment fee other than what is stipulated in Section 24(1)(f), which sets the fee at ₹750 for general category candidates and ₹125 for SC/ST candidates. The bench highlighted that this section serves as a fiscal regulatory provision, and the SBCs and BCI, as delegates of Parliament, lack the legislative power to alter the fiscal policy established by Parliament.

The Supreme Court underscored that any fee imposed by the SBCs must be traceable to the provisions of the statute. The Advocates Act does not expressly empower the SBCs to levy fees beyond the enrollment fee and stamp duty under Section 24(1)(f) at the time of admission of advocates. The court deemed the practice of charging miscellaneous fees by SBCs as contrary to the legislative intent of the Advocates Act.

Charging exorbitant fees as a pre-condition for enrollment, the court noted, undermines the dignity of individuals from socially and economically disadvantaged backgrounds who aspire to advance their legal careers. The judgment emphasized that dignity is crucial for achieving substantive equality, and the current fee structure perpetuates systemic discrimination by hindering the equal participation of individuals from marginalized communities in the legal profession.

However, the court also acknowledged that since SBCs have been levying the enrollment fee for a considerable period and using it to carry out their functions, the ruling will apply prospectively. This means that the SBCs are not required to refund the excess fees collected so far.

The Supreme Court's decision calls for the SBCs and BCI to devise a fair method of charging fees that considers the interests of both law graduates intending to enroll and advocates already on the state rolls. The ruling is a significant step toward ensuring that the legal profession remains accessible to all, regardless of economic or social background, and upholds the principles of equality and fairness in the legal system.


Section 24 of the Advocates Act, 1961

Section 24 of the Advocates Act, 1961 governs the eligibility and conditions for enrollment as an advocate on the rolls of a State Bar Council in India. The section outlines specific criteria that must be met for an individual to be admitted to the legal profession. 

The key provisions include the following:

1. Citizenship and Nationality: The applicant must be an Indian citizen. However, nationals of other countries can also apply if their country permits Indian citizens to practice law there under the principle of reciprocity.

2. Minimum Age: The individual must be at least 21 years old to apply for enrollment as an advocate.

3. Educational Qualifications: The applicant must possess a degree in law from a university recognized by the Bar Council of India. This ensures that all advocates have a uniform educational foundation.

4. Payment of Fees: The applicant is required to pay an enrollment fee as prescribed by the Bar Council. This fee is nominal and is set to cover administrative costs. Section 24(1)(f) specifically limits the enrollment fee to ₹750 for general candidates and ₹125 for SC/ST candidates.

5. Good Character: The candidate must not be disqualified due to any criminal conviction or professional misconduct, ensuring that only individuals of sound moral character are admitted to the profession.

6. Other Conditions: The section also allows for additional conditions as may be prescribed by the Bar Council of India, which might include practical training or passing a bar examination.

This section ensures that the legal profession in India maintains a high standard of competence and integrity by regulating the entry of new advocates through a consistent set of criteria. It also seeks to prevent any arbitrary barriers to entry, ensuring fairness and accessibility to the legal profession.



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