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Supreme Court of India 2024-07-30 disposed

Gaurav Kumar vs Union of India and Ors

Bench: 2 — Dhananjaya Y Chandrachud, J B Pardiwala

In Brief

In this landmark decision, the Supreme Court addressed a challenge under Article 32 to exorbitant enrolment fees imposed by State Bar Councils. The Court held that Section 24(1)(f) of the Advocates Act 1961 strictly limits enrolment fees to Rs. 750 for general advocates and Rs. 125 for SC/ST advocates. All miscellaneous charges—application fees, processing fees, ID card fees, welfare fund contributions, etc.—charged at the time of enrolment constitute 'enrolment fees' and cannot exceed the statutory ceiling. The Court found that State Bar Councils, as delegates of Parliament, cannot levy fees beyond the express statutory prescription. Charging exorbitant fees at the enrolment threshold creates barriers to entry, particularly for marginalized and economically weaker sections, violating substantive equality (Article 14) and the right to practice a profession (Article 19(1)(g)). The judgment operates prospectively, with no refund obligation for fees collected prior to this decision.

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Constitutional Law Administrative Law Advocates Act Delegated Legislation Fundamental Rights Article 14 Article 19(1)(g)

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