The Supreme Court of India has ruled that State bar councils must adhere to a cap on enrolment fees for law graduates, setting limits to prevent systemic discrimination against marginalised and economically weaker sections.
The verdict issued mandates that enrolment fees be fixed at ₹650 for general category graduates and ₹125 for SC-ST category graduates, as specified under Section 24 of the Advocates Act, 1961.
The ruling was based on complaints from several lawyers, who challenged the high enrolment fees charged by various State bar councils, which reportedly ranged from ₹20,050 in Kerala to ₹42,100 in Odisha.
The Supreme Court deemed these fees as excessive and contrary to the principle of substantive equality, thereby perpetuating systemic barriers for those from disadvantaged backgrounds.
Chief Justice DY Chandrachud, leading the bench, asserted that the dignity of individuals includes the right to pursue a chosen profession without financial hindrance. The Court stressed that exorbitant fees create an undue barrier to entry into the legal profession and undermine the principle of equal opportunity.
“The dignity of an individual encompasses the right to pursue a profession and earn a livelihood,” Justice Chandrachud stated. He further clarified that state bar councils and the Bar Council of India (BCI) are limited to the fees stipulated by Parliament and cannot impose additional charges beyond this legal framework.
The Court’s decision, while ensuring future enrolments adhere to these fee limits, does not require state bar councils to refund fees collected above the legal maximum in the past. The ruling also allows bar bodies to charge for other services provided after enrolment.
The Supreme Court acknowledged the valuable work of state bar councils and the BCI but underscored that their fiscal practices must align with constitutional principles. The ruling reinforces the need for fair and equitable access to the legal profession, free from economic discrimination.
This landmark decision follows significant debate and legal challenges regarding the enrolment fees that have barred aspiring lawyers from accessing the profession due to financial constraints.
