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The Supreme Court of India has delivered a landmark ruling, providing significant relief to aspiring lawyers who face exorbitant enrollment fees. The court has mandated that the Bar Council of India (BCI) and state bar councils (SBCs) cannot charge more than Rs 700 for registering new advocates. This decision addresses a long-standing issue that has disproportionately affected young lawyers, particularly those from marginalized communities, who often struggle to bear the financial burden of entering the legal profession.
The court's judgment highlights the discriminatory nature of excessive enrollment fees. Charging thousands of rupees from lawyers, even before they begin their legal practice, violates the fundamental right to dignity, which encompasses the right to fully develop one's potential. This practice also disproportionately disadvantages individuals from marginalized communities, as it hinders their access to the legal profession and hampers their equal participation in the justice system.
The current practice of charging exorbitant fees by SBCs, often under the guise of miscellaneous charges, has been a major barrier to entry for aspiring lawyers. Notably, some states such as Odisha, Manipur, and Maharashtra have charged significantly higher fees, ranging from Rs 15,000 to Rs 42,000. The court's ruling, based on Section 24 of the Advocates Act, which stipulates a fixed registration fee of Rs 600 for SBCs and Rs 100 for BCI, aims to ensure that this provision is not circumvented by SBCs under different nomenclatures.
This landmark judgment has far-reaching implications for the legal profession in India. It represents a significant step towards making the profession more accessible and inclusive, particularly for young lawyers from disadvantaged backgrounds. By eliminating the financial barrier of exorbitant enrollment fees, the Supreme Court has ensured that aspiring lawyers can pursue their legal careers without facing undue financial hardship. This ruling is expected to foster greater diversity within the legal profession, contributing to a more representative and equitable justice system.
Source: Relief for law grads as Supreme Court caps fees for advocate enrolment