STATE TIMES NEWS
NEW DELHI: The Supreme Court on Tuesday ruled that state bar councils cannot charge exorbitant fees for enrolling law graduates as lawyers as it perpetuates systemic discrimination against marginalised and economically weaker sections besides undermining their participation in the legal profession.
The levy of exorbitant fees ranging from around 15,000 to over Rs 40,000 by some state bar councils (SBCs) was “contrary to the principle of substantive equality”, the top court held, adding the SBCs and the Bar Council of India (BCI) cannot “alter or modify” the fiscal policy laid down by Parliament.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the bar bodies are delegates of powers under the Advocates Act, 1961.
The bench said SBCs and the BCI cannot charge more than Rs 750 and Rs 125 for enrolling law graduates from general and the SC-ST categories, respectively.
“The SBCs cannot charge ‘enrolment fees’ beyond the express legal stipulation under Section 24(1)(f) as it currently stands,” it held, adding the provision specifically lays down the fiscal pre-conditions subject to which an advocate can be enrolled on State rolls.
“The SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment,” it held.
Writing the 68-page judgment, the CJI said the decision of SBCs to charge fees and charges at the time of enrolment in excess of legal stipulation violated Article 14 (right to equality) and Article 19(1)(g) (right to practice a profession) of the Constitution.
The bench, however, said the decision will have “prospective effect” and SBCs were not required to refund the excess enrolment fees collected so far.
The bench linked the levy of exorbitant fees by various SBCs to the dignity of law graduates, especially belonging to SCs, STs and the EWS categories.
The bench said dignity is crucial to substantive equality. The dignity of an individual encompasses the right of the individual to develop their potential to the fullest. The right to pursue a profession of one’s choice and earn livelihood is integral to the dignity of an individual, it said.