Supreme Court: Bar Councils Cannot Levy ‘Optional’ Fees on New Lawyers

Fast summary:

• The Supreme Court of India ruled that State Bar Councils and the Bar Council of India (BCI) cannot collect “optional” fees from law graduates enrolling as lawyers, apart from statutory charges.
• This judgment stemmed from a contempt plea alleging non-compliance with prior Supreme Court directions disallowing exorbitant enrolment fees by state bar councils.
• Karnataka State Bar Council had been charging ₹6,800 for ID cards, certificates, welfare funds, training, etc., and an additional ₹25,000 termed “optional.”
• The court emphasized that no fee can be considered “optional,” directing strict compliance with its earlier rulings.
• BCI stated in its affidavit that it had instructed all state bar councils to comply; however, data on fee structures across states was disclosed during the proceedings.
• The July 2024 decision cited systemic discrimination against marginalized groups due to excessive fees as contrary to substantive equality under Article 14 and freedom of profession under Article 19(1)(g).

Indian Opinion Analysis:

The Supreme Court’s ruling reinforces adherence to constitutional principles like equality and accessibility in professional fields like law. By restricting enrolment fees to statutory limits set by Parliament under the Advocates Act (1961), this judgment directly targets systemic barriers for economically disadvantaged groups entering legal practice. Though,ensuring compliance at the state level remains critical given past discrepancies highlighted by petitioners regarding Karnataka’s fee structure.

This decision carries broader implications for developing equitable access within India’s justice system-addressing not only financial entry barriers but also promoting inclusivity in highly-regulated professions. Striking down practices that deviate from legislative intent is a firm assertion of judicial oversight over delegated powers held by bodies like the BCI and SBCs.

for further reading: Link