Bar Council Of India Approaches Supreme Court Seeking Enhancement Of Enrollment Fees To Rs.25,000

The Bar Council of India has filed an application in the Supreme Court seeking directions to enhance the enrollment fee, which is presently capped at Rs 750 by virtue of a judgment, to Rs 25,000.The application has been filed in the case Gaurav Kumar v. Union of India, in which the Supreme Court, by its judgment in July 2024, held that the Bar Councils cannot charge enrollment fee beyond what is prescribed under Section 24 of the Advocates Act, 1961. Through the present application, the BCI sought directions to the Union Government to take steps to amend the Advocates Act to increase the fee.Expressing surprise at the nature of the application, the Court sought the assistance of Attorney General for India R. Venkataramani on this issue.Before a bench of Justices PS Narasimha and Manoj Misra, Senior Advocate and BCI's chairman Manan Kumar Mishra apprised the Court that the BCI seeks directions to amend the 1961 Act for revising the enrolment fee to Rs. 25,000/- and BCI's fund fee to Rs. 6,250/- for general category and for SC/ST the enrolment fee shall be Rs. 10,000/- towards the State Bar Council and Rs. 2,500/- to the Bar Council of India with liberty to the Bar Council of India to revise the same as per the RBI inflation calculator.However, Justice Narasimha questioned what role does the Court have to play in this. As per the MA, it has been pointed out that an amendment in 1993 to the 1961 Act increased the statutory enrolment fees to Rs.750. Now, that the State Bar Councils have been restrained to charge more than Rs.600, the Bar Councils and the BCI would "die from their own death" as they will not be able to deal with the financial crunch faced by the Councils. "That it is humbly submitted that the Enrolment fees prescribed by the Act was more than three decades ago and the same was not enhanced for the past several years by the Parliament. However, the statistical data shows that there is an average raise of inflation rate from 1960 to 2021, the average inflation rate during these years was 7.5% per year. In overall, the price increase was 7,704.85%. An item that would cost Rs.100/- in the year 1960 would cost Rs.7804.85 at the beginning of the year 2022. In the year 2023 the inflation rate was identified as 5.8%. If the said concept and understanding is implemented the enrolment fee that needs to be charged at present would be around Rs.50,000/," the application states.Justice Narasimha said: "This is a legislative Act. Why should we [interfere]? Ask the Government to change it."Mishra clarified that they have also made a representation to the Ministry of Law & Justice in this regard. He added that they are before the Court for it to pass a direction for the Government to consider their representation. Justice Narasimha responded: "What is this methodology of we telling the Government consider amending the rules? What is this happening? If somebody wants the rule to be amended by the Government, they make an application for the Court to tell the Government...You are the Bar Council of India, Mr. Mishra. Why is it that Bar Council of India comes to us to tell the Government to amend the rule? You are the regulator of professional services of lawyers in the country. You have not to come to us to make a request to tell the Government to amend the rule. What happened to your position as a regulator? You are the apex body of the country." "It is actually very sad that Bar Council is telling us to make like a compassionate appointment, you are saying that please tell them to do something. It is not a case where we should even issue notice. You understand, you are undermining the importance of Bar Council to make a representation like that," Justice Narasimha added.Case Details: THE BAR COUNCIL OF INDIA v. GAURAV KUMAR AND ORS., MA 2253/2024 in W.P.(C) No. 352/2023 PIL-WFresh Enrolments With UP State Bar Council: Delayed Process, Anxious Candidates & Dreams On Back-Burner

Bar Council Of India Approaches Supreme Court Seeking Enhancement Of Enrollment Fees To Rs.25,000

Gursimran Kaur Bakshi

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