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Gaurav Kumar vs Union of India and Ors.

Not available · 2024 INSC 558Decided 30 Jul 2024
Not available

Background

A law graduate challenged the practice of various State Bar Councils (SBCs) charging enrolment fees, for admission as an advocate, far in excess of the amount fixed by Section 24(1)(f) of the Advocates Act, 1961 (Rs. 600 to the State Bar Council and Rs. 100 to the Bar Council of India, with a lower rate for SC/ST candidates). Several SBCs were demanding additional charges under heads like application fees, identity card fees, library fees and welfare fund contributions, effectively multiplying the cost of enrolment and creating a barrier for young, often financially weaker, law graduates entering the profession.

Decision Breakdown

The Supreme Court held that Section 24(1)(f) is a complete and exhaustive code prescribing the fiscal conditions for enrolment, so State Bar Councils and the Bar Council of India cannot demand any additional fees as a pre-condition to enrolment beyond the amount fixed by that provision plus applicable stamp duty. The Court found that charging inflated enrolment fees violated Article 14 (as manifestly arbitrary and lacking a rational basis) and Article 19(1)(g) (as an unreasonable restriction on the right to practise a profession), since excessive fees disproportionately deter economically weaker aspiring advocates. However, considering the financial disruption a retrospective order would cause to Bar Councils, the Court made its ruling prospective only: SBCs were not required to refund fees already collected.

Lesson Learnt

Statutory fees fixed by Parliament are a ceiling, not a floor that professional regulatory bodies can freely mark up: a regulator cannot use administrative or welfare charges to effectively price economically weaker citizens out of a constitutionally protected profession.

Official source (sci.gov.in)View Judgment (PDF)

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