The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court has told the Karnataka State Bar Council that if it is collecting any amount in the name of 'optional fee' over and above the enrollment fees of 750 from general and Rs 125 from the SC/ ST candidates, though it may not be mandatory, it must be stopped.
A bench of Justices J B Pardiwala and R Mahadevan made it categorical that no State Bar Council or the Bar Council of India would collect any fees or any amount as optional from prospective advocates.
A law graduate has to get enrolled with the State Bar Council to practice as advocate in courts.
In its August 4, 2025 order in a contempt proceedings, the court noted a submission from senior advocate and the Chairman of the Bar Council of India, Manan Kumar Mishra that all the directions issued by the Supreme Court by it the judgment of July 30, 2024 were being duly complied with by all the State Bar Councils across the country.
However, K L J A Kiran Babu, who filed a contempt petition, contended so far as the Karnataka State Bar Council is concerned, they were charging amounts of Rs 6800 and Rs 25,000 respectively over and above the statutory fees.
Mishra, on his part, pointed out that these are optional and not mandatory.
On this, the bench said, "We make it clear that there is nothing like optional. No State Bar Council(s) or Bar Council of India shall collect any fees of any amount as optional. They shall strictly collect fees in accordance with the directions issued by this court in the main judgment."
Before closing the contempt petition, the bench reiterated the directions issued in the case of Gaurav Kumar versus Union of India (2024) that the decision of the State Bar Councils to charge fees and charges at the time of enrolment in excess of the legal stipulation under Section 24(1)(f) of the Advocates Act violated Article 14 and Article 19(1)(g) of the Constitution.
"The SBCs cannot charge "enrolment fees" beyond the express legal stipulation under Section 24(1)(f) which specifically lays down the fiscal pre-conditions subject to which an advocate.can be enrolled on State rolls. The SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment," the court said.
The BCI also filed an an affidavit in the matter stating that after the Supreme Court's judgment on July 30, 2024 with regard to enrolment fees, it had on August 6, 2024 sent a communication to the secretaries of all State Bar Councils to strictly comply with the decision of the apex court.
It also said, after it received notice in the instant matter, information was sought from all State Bar Council on enrollment fees collected by them, and they furnished the details that they were collecting only Rs 750 for general and Rs 150 from SC/ ST candidates.