High Court Issues Notice On Plea Challenging Telangana Advocates’ Clerks Welfare Fund (Amendment) Act 2025 Increasing Cost Of Filing Vakalatnama
The Telangana High Court has issued notice to the State on a plea challenging the constitutional validity of the Telangana Advocates’ Clerks Welfare Fund (Amendment) Act 2025.
The plea specifically challenges section 12(2) of the amended Act, which has increased the cost of filing Vakalatnama for engaging an Advocate from Rs. 100 to Rs. 250.
A division bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara in its order said, “Rule nisi. Call for records. Notice returnable in four weeks. Sri S.L. Srinivasulu, learned Government Pleader for Law and Legislatures, for respondent No.1 and Sri S. Ashok Anand Kumar, learned Senior Counsel representing Sri J. Manikanta Reddy, learned counsel for respondent No.2, who are present in the Court, are directed to take notice and file counters within four weeks. Rejoinder, if any, may be filed within two weeks therefrom“.
The petitioner, who is a practicing advocate contended that he is a first generation lawyer had been taking up cases of the lesser privileged, and through his work with the community has come to realise the gap that exists between access to justice and an entire section of the society.
“I submit that now increasing the cost of Vakalatnama for engaging an Advocate means that the direct brunt of this increased cost has to be borne by the litigant. In our country, where majority of population is still reeling under vicious circle of poverty and to whom Justice is a far-cry, this enhancement of stamp fees for engaging an Advocate will only deprive him of ‘Access to Free Justice,” the plea states.
The plea states that the Stamp of Rs. 250 is pre-cursor before any Vakalat/ Memo of Appearance is accepted by any Court or Tribunal in the State.
Relying on Supreme Court’s decision in Anita Kushwaha v. Pushap Sudan (2016), the plea states that Access to Justice if a fundamental right guaranteed under Articles 14 and 21 of the Constitution, and the Amendment Act contravenes the principle of “Access to Justice”.
It contends that the amendment, instead of being a boon to Advocates will turn out to be a Bane for Junior Advocates, who rely on clients with smaller cases to earn their livelihood.
“I submit that to approach this Hon’ble Constitutional Court through a Writ petition, the court fees is Rs. 100/- (Rupees One hundred only). Now, enhancing the Stamp fees for Vakalatnama to Rs. 250/- (Rupees Two hundred and Fifty only), which is more than the fees for approaching this Hon’ble Court is a clear case of depriving the litigant to approach this Hon’ble Court for enforcement of the Fundamental Rights guaranteed by the Part-III of the Constitution of India,” the plea adds.
Case title: Syed Ahmed AND State of Telangana & Anr
WP. 16107 of 2025
Counsel for petitioner: Advocate B. Akash Kumar
Counsel for State: GP S.L. Srinivasulu for Law and Legislatures
Counsel for Bar Council of Telangana: Senior Counsel S. Ashok Anand Kumar representing Advocate J. Manikanta Reddy
