The Supreme Court on Monday sought response from the Bar Council of India (BCI) on a writ petition challenging the different enrolment fees being charged by different State Bar Councils as exorbitant.
The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala, terming it as a ‘significant issue,’ sought response from the Union Government, the Bar Council of India and all state bar councils over the writ petition filed by Gaurav Kumar.
As per the petitioner, who appeared in person, the charging of enrolment fees was a violation of Section 24 of the Advocates Act 1961. He contended that BCI had the duty to ensure that exorbitant enrolment fees were not charged.
The petitioner submitted that in Odisha, the enrollment fee was in the range of Rs 42,000 whereas in Kerala, it was in the range of Rs 20,000.
The Bench recorded in its order that this non-uniform nature of the enrolment fees was affecting the young aspiring lawyers, who did not have the resources.
Earlier on February 10 this year, the Supreme Court had directed the Bar Council to ensure that the enrolment fee did not become ‘oppressive’.
The Constitution Bench of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice A.S. Oka, Justice Vikram Nath and Justice J.K. Maheshwari had made the observation in the Bar Council of India vs Bonnie Foi Law College & Ors case.
The Apex Court had ruled that the Bar Council had powers to hold the All India Bar Examination.
It said whether the AIBE should be held at pre-enrolment or post-enrolment stage was a matter which the BCI should decide.
The top court of the country had further held that law graduates were required to take bar licenses to be allowed to practice before courts.
(Case title : Gaurav Kumar vs Union of India)