Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Supreme Court held that the enrolment fees charged by State Bar Councils and the Bar Council of India for the enrolment of lawyers cannot exceed the limit prescribed by the Advocates Act.
The Act prescribes ₹750 (600 for enrolment + 150 towards BCI) for advocates belonging to the general category and 125 (100 for enrolment + 25 towards BCI) for ST/SC categories as enrolment fees under section 24 (1) (f).
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was deciding a batch of petitions challenging the different enrolment fees being charged by different state bar councils as exorbitant. Judgment was given by CJI DY Chandrachud and Justice JB Pardiwala.
The court also said, "There is no provision under Advocates Act to charge miscellaneous fee and is contrary to Advocates Act. Only enrolment fee as under the statute and the stamp duty is all that is payable. State Bar Councils and BCI cannot demand any fee beyond what is there under Advocates Act"
The judgment will be applicable prospectively which means any excess fees collected up until now need not be refunded.
