Kerala High Court Directs Bar Council of Kerala to Collect Rs. 750 Enrolment Fee till BCI Fixes Uniform Fee

Kerala High Court Directs Bar Council of Kerala to Collect Rs. 750 Enrolment Fee till BCI Fixes Uniform Fee

The Kerala High Court by its division judges’ bench of Chief Justice S.V.N. Bhatti and Justice Basant Balaji has passed an interim order whereby, the bench directed the Bar Council of Kerala to collect only Rs. 750 towards enrollment fees from law graduates and aspirants, interested in getting enrolled.

In the present case, an appeal was filed against an interim order dated 15 February, 2023.

Previously, the Supreme Court had earlier issued a notice on a Public Interest Litigation (PIL) 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.

The petitioner had submitted that, “Exorbitant fee charged by different State Bar Councils, is excessive and contrary to Section 24 of the Advocate Act, 1961.”

Thereafter, on 12 May, 2023 the Supreme Court directed all the State Bar Councils to file their reply to the PIL 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.

Acting on the request forwarded by the BCI Chairperson, the Court also allowed the transfer applications to be taken up on the board and issued a notice on the same.

Further, the Chief Justice had opined that, “I think the Bar Council of India has to intervene because you know these State Bar Councils are charging huge amounts.”

Senior Advocate Manan Kumar Mishra, appearing for the Bar Council of India, 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 of India (CJI) had then replied, “Rs. 50,000? How will a Dalit student or a rural law graduate afford it?”

The CJI had further enquired, “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?”

Averting to the present case, the Kerala High Court passed the present directions to avoid individual cases by the aspirants in future.

While underlining the order dated 16 March, 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.