Supreme Court Cracks Down: No More “Optional” Fees for Lawyers’ Enrolment!

The Supreme Court on August 4 firmly stated that neither State Bar Councils nor the Bar Council of India (BCI) can collect any amount beyond the statutory enrolment fee. The Court clarified that so-called “optional” fees are also prohibited.

A Bench of Justices JB Pardiwala and R Mahadevan observed:

“There is nothing like optional fees. No State Bar Council or BCI shall collect any amount beyond the prescribed statutory fee. They must strictly follow the Court’s directions.”

The Court specifically ordered the Karnataka State Bar Council to immediately stop charging any money under the label of optional fees. This came after it was informed that Karnataka charges ₹6,800 and ₹25,000 for ID cards, certificates, welfare funds, and training—claimed to be voluntary.

The case came up in a contempt petition filed by advocate KLJA Kiran Babu, alleging that several State Bar Councils were still collecting fees far higher than the limit fixed in the Court’s July 2024 judgment in Gaurav Kumar v Union of India. That ruling had capped enrolment fees under Section 24(1)(f) of the Advocates Act, 1961, at ₹750 for general category candidates and ₹125 for SC/ST candidates.

Following that judgment, the BCI had instructed all State Bar Councils to comply. Most Councils reported charging only the statutory fees—₹600 for the State Bar Council and ₹150 for the BCI for general candidates, and ₹100 plus ₹25 respectively for SC/ST candidates. However, Himachal Pradesh, Jammu & Kashmir, and Karnataka reported additional collections, with Karnataka’s being the highest.

The BCI Chairman argued that Karnataka’s charges were optional. The Bench rejected this, stating that no extra fee—mandatory or voluntary—can be charged. The Court reiterated that its 2024 ruling bars any additional enrolment fees except stamp duty, if applicable, and directed strict compliance in the future.

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