Supreme Court issues notice on BCI’s transfer petition regarding the collection of enrolment fees from law graduates

Today (July 05, 2023), the Supreme Court issued a notice on a transfer petition seeking the transfer of petitions pending in the High Courts of Kerala, Bombay, and Madras against the enrolment fee charged by State Bar Councils to the top Court. The transfer petition was filed by the Bar Council of India (BCI) in the Supreme Court of India. A notice to the Bar Councils of Tamil Nadu, Kerala, and Goa was issued by a three-judge bench including Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice PS Narasimha. During the proceedings, Senior Advocate Manan Kumar Mishra (BCI’s Chairperson) submitted that the charged fees cover various expenses and welfare measures. The CJI orally remarked that “Mr Mishra you are in trouble…Enrolment you can’t do it. You can ask as welfare scheme etc, but enrolment you can’t…” In the transfer petition filed by BCI, it submitted that the pleas before the High Courts deal with similar questions of law related to the constitutional validity of chargeable fees at the enrolment time of advocates. Moreover, it mentioned that the transfer of petitions would prevent the wastage of judicial time as well as cases would be directly decided by the top Court. 

At present, three separate petitions concern the issue in three High Courts, Kerala, Madras, and Bombay. The Kerala HC directed the State Bar Council (Bar Council of Kerala) to collect enrollment fees from law graduates that is Rs. 750 only till BCI considers a uniform fee structure. This order was given in context with an appeal filed by the Bar Council of Kerala challenging the order of a single judge restricting the enrolment fee to Rs. 750. Further, in the Madras HC, the same matter was challenged and the Bar Council of Tamil Nadu and Puducherry was ordered by the Madras HC to respond to a plea filed by a fifth-year law student, Manimaran. Similarly, a notice was issued by the Bombay HC challenging the decision of enhancing enrolment charges to 15000 rupees passed by the Bar Council of Maharashtra and Goa. In a previous hearing, CJI stated that “I think the Bar Council of India has to intervene because the State bar Councils are charging huge amounts for enrolment…How will a Dalit student or a student from a rural background afford this?” Apart from this, the top Court previously asked the State bar Councils whether they have the ability to charge more fees prescribed by Section 24(1)(e) of the Advocates Act 1961.