Bar Councils Can’t Collect Any Amount As “Optional Fee” During Enrolment : Supreme Court
The Supreme Court recently clarified that the Bar Council of India or the State Bar Councils can’t collect any fees over and above the statutory fees as “optional fee” for enrolment.
“We make it clear that there is nothing like optional. No State Bar Council(s) or Bar Council of India shall collect any fees of any amount as optional. They shall strictly collect fees in accordance with the directions issued by this Court in the main judgment.”
The Court affirmed its Gaurav Kumar v. Union of India (2024) judgment that the Bar Councils cannot charge enrolment fees beyond what is prescribed under Section 24 of the Advocates Act, 1961. Therefore, it stated that as stipulated in Section 24, the enrolment fee cannot exceed Rs. 750 for advocates belonging to the general category and Rs. 125 for advocates belonging to the Scheduled Castes/Scheduled Tribes categories.
These directions were passed by a bench comprising Justice JB Pardiwala and R. Mahadevan, which was hearing a contempt petition moved by petitioner-in-person K. L. J. A. Kiran Babu.
The petitioner argued that the Bar Councils are in contempt of the 2024 judgment as they have failed to comply with the directions issued, especially the Karnataka State Bar Council, which is charging Rs. 6800 and Rs. 25,000 respectively, over and above the statutory fees.
Earlier, the Court directed the Chairman of the Bar Council of India and Senior Advocate, Manan Mishra, to file an affidavit in this regard.
On August 4, Mishra submitted in its affidavit that in response to the judgment, the BCI had issued a detailed communication to the Secretaries of all State Bar Councils, directing them to proceed with enrolment strictly in terms of the 2024 judgment. It was also stated that pursuant to the contempt proceedings, when it came to light that the Karnataka State Bar Council was charging extraorbitant fees, the BCI issued a letter directing all State Bar Councils to furnish details regarding the fees being collected.
In response to this, all State Bar Councils submitted that they have been collecting enrolment fees strictly in accordance with the 2024 judgment. However, Himachal Pradesh, Karnataka and Jammu & Kashmir State Bar Councils have also been charging more than the statutorily prescribed. For instance, Himachal Pradesh is also collecting Advocates Welfare Fund fee, and Jammu & Kashmir is collecting Rs. 900 from General instead of Rs. 750 and Rs. 450 from SC/ST instead of Rs. 150.
The Court has now clarified that no such optional fees or those not prescribing to the statutory mandate can be collected.
In this regard, the Court disposing of the contempt petition, noted: “If the Karnataka State Bar Council is collecting any amount in the name of optional, though it may not be mandatory, it must be stopped.”
Case Details: K. L. J. A. KIRAN BABU v. KARNATAKA STATE BAR COUNCIL REPRESENTED BY RAMESH S NAIK (FDA)
Citation : 2025 LiveLaw (SC) 786
Appearances: Petitioner-in-person, M/S. Ram Sankar & Co, AOR Mr. Manan Kumar Mishra, Sr. Adv. Mr. R Balasubramanian, Sr. Adv. Ms. Anjul Dwivedi, Adv. Dr. Ram Sankar, Adv. Mrs. Harini Ramsankar, Adv. Mrs. Usha Prabakaran, Adv