Supreme Court transfers petitions in Kerala, Madras, and Bombay High Courts regarding enrolment fees charged by the State Bar Councils to itself

On July 17, the Supreme Court of India transferred the petitions challenging the enrolment fee charged by the State Bar Councils to itself. These petitions were pending before the Kerala High Court, Madras High Court, and Bombay High Court. The matter was presented before a three-judge bench of the Supreme Court including Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice PS Narasimha. The transfer plea was filed by the Bar Council of India whereas the cases to be transferred were related to the separate ongoing petitions on the issue of high enrolment fee of State Bar Councils in the aforementioned High Courts. Earlier on July 5,  the Supreme Court bench 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. 

Recently, the Kerala HC directed the Bar Council of Kerala to collect enrolment fees from law graduates which is 750 rupees only till BCI considers a uniform fee structure. Such an order was passed by Chief Justice SVN Bhatti and Justice Basant Balaji while hearing a plea against the order of a single judge restricting the enrolment fee to Rs. 750. Further, the exorbitant fee of 15900 rupees was imposed by the State Bar Council on the basis that an enrolment fee of 750 rupees was imposed under Section 24(1)(f) of the Advocates’ Act, which the petitioner challenged. Following this, the petitioner argued that any rule passed by the Bar Council of Kerala regarding the change in enrolment fees is beyond the scope of its powers. Similarly, different petitions were filed concerning the same issue in the Bombay and Madras High Courts. 

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