"The Supreme Court issues a caution to State Bar Councils for imposing optional enrollment fees"
The Supreme Court of India has issued a stern warning to State Bar Councils and the Bar Council of India (BCI), barring them from collecting any fees beyond the statutory enrolment fee. This decision comes following a contempt of court petition filed by advocate KLJA Kiran Babu, who alleged that several State Bar Councils were demanding amounts exceeding the limits fixed in the Court's July 2024 judgment in the case of Gaurav Kumar v Union of India.
In August 2024, the BCI wrote to all State Bar Councils, directing them to comply with the Court's judgment and reiterated those instructions on July 23, 2025, asking for details of fees currently charged at enrolment. The Court's ruling has prospective effect, meaning all bodies are bound to follow it going forward.
During an earlier hearing on July 15, 2024, the Court called upon BCI Chairman Manan Kumar Mishra to assist in determining whether these directions were being followed by all State Bar Councils. The BCI Chairman informed the Court that most State Bar Councils collect only the statutory fee as specified.
However, the Karnataka State Bar Council was directed to immediately stop collecting any sum in the name of optional fees. Karnataka imposes additional charges of ₹6,800 and ₹25,000 for items such as ID cards, certificates, welfare fund, and training. The BCI Chairman informed the Court that these additional charges in Karnataka are optional and not mandatory.
The Supreme Court Bench, led by Justices J.B. Pardiwala and R. Mahadevan, made it clear that there is no such thing as optional fees that can be collected by State Bar Councils or BCI. The Court emphasized that no additional charges for items like ID cards, certificates, welfare funds, or training—even if termed "optional" or "voluntary"—can be collected.
In the case of Kiran Babu vs. Karnataka State Bar Council, the prohibition was made on August 4, 2024. The Court reiterated that the ruling has prospective effect, meaning all bodies are bound to follow it going forward. The Court clarified that all Bar Councils must comply prospectively with this directive and cannot impose or enforce such fees going forward, notwithstanding past collections.
The Court reminded that the operative portion of paragraph 109 of the Gaurav Kumar judgment bars any enrolment fee beyond what Section 24(1)(f) prescribes and prohibits additional charges at the time of enrolment except for stamp duty, if applicable. For general category candidates, the statutory fee is ₹600 for the State Bar Council and ₹150 for the BCI. For SC/ST candidates, it is ₹100 for the State Bar Council and ₹25 for the BCI.
In sum, only the statutory enrolment fees fixed by the Supreme Court and Advocates Act can be collected, and the practice of charging additional optional fees by Bar Councils is legally impermissible and subject to court enforcement action. The Court issued a strict warning and order to State Bar Councils, particularly the Karnataka State Bar Council, to cease immediately collecting any fees beyond the statutory maximum, rejecting any argument that optional fees can be imposed.
[1] KLJA Kiran Babu vs. Karnataka State Bar Council [2] Gaurav Kumar v. Union of India
Read also:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
- Court petitions to reverse established decision on same-sex marriage legalization
- Independence supporters in New Caledonia refuse agreement offering authority without a vote on sovereignty
- Proposed Standardization of Food Labeling Laws Among Member States by the Commission
