Delhi, Haryana, Punjab Bar Councils stop enrolment after SC decides enrolment fee cannot exceed Rs 750

NEW DELHI: The Delhi, Haryana, and Punjab Bar Councils have stopped the enrolment process and sale of forms for enrolment 'with immediate effect'. The latest circular was issued after the decision of the Supreme Court today, holding the enrolment fee cannot exceed Rs 750 for advocates belonging to the general category and Rs 125 for advocates belonging to SC, ST categories, the Live Law reported.

“In view of the judgment of the Hon'ble Supreme Court on enrolment fee in Case of Gaurav Kumar vs UOI vide writ petition No 352/2023 and connected matters, the Enrolment Process and sale of forms for enrolment is stopped with immediate effect. It shall be resumed after advisory received from the BCI,” the Delhi Bar Council notified.

A bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala said that Section 24(1)(f) of the Advocates Act lays down the fees that can be collected by State Bar Councils and BCI.

Section 24(1)(f) of the Advocates Act for “persons who may be admitted as advocates on a state roll” states: “he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council] [ Substituted by Act 60 of 1973, Section 18, for Clause (f) (w.e.f. 31.1.1974).] of [six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council.”

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“Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be [one hundred rupees and to the Bar Council of India, twenty-five rupees,” it added.

The bench, however, stated that “Bar councils can charge for services like legal aid being rendered but not at the time of enrolment of lawyers”, the report said.