In a bid to address the financial challenges faced by Bar Councils across India, the Bar Council of India (BCI) has filed an application before the Supreme Court, requesting the central government to amend the Advocates Act, 1961, to allow for an increase in the enrolment fees for lawyers joining State Bar Councils.
The move comes after a July 2024 Supreme Court ruling, which held that the BCI and State Bar Councils cannot charge enrolment fees exceeding the limits set by the Advocates Act. Under the current provisions, the maximum enrolment fee stands at ₹750 for general category candidates and ₹125 for Scheduled Castes/Scheduled Tribes candidates.
The ruling had been made in response to concerns raised about the high enrolment fees being charged by various State Bar Councils, including those in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh.
In its plea, the BCI highlighted the financial difficulties faced by the Bar Councils, as enrolment fees are the primary source of income for these institutions. Without the ability to charge higher fees, the BCI argues, the Bar Councils may struggle to cover essential operational costs, including staff salaries.
The BCI’s petition states, “It is also an admitted fact that if the State Bar Councils are restrained from charging anything more than Rs.600/- today, naturally the Bar Councils and the Bar Council of India would die their own death; their survival would not only be difficult, rather impossible.”
The BCI also pointed out that the enrolment fee had not been increased since 1993, despite rising inflation. In its calculations, the BCI argued that if the same rate of inflation were applied to the enrolment fee, it would need to be around ₹50,000 today, compared to the ₹750 limit currently prescribed. According to the BCI, an item that cost ₹100 in 1960 would cost ₹7,804.85 in 2022, factoring in inflation.
To address these concerns, the BCI has proposed revising the enrolment fee to ₹25,000 for general category candidates, with an additional ₹6,250 fee for the Bar Council of India fund. For SC/ST candidates, the BCI has recommended ₹10,000 for State Bar Councils and ₹2,500 for the BCI fund. The BCI also requested the ability to periodically revise the fees based on future inflation, using the Reserve Bank of India’s inflation calculator.
