The Supreme Court has warned that State Bar Councils will face contempt proceedings if they continue to charge enrollment fees beyond the limit fixed under the Advocates Act.
A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan issued the warning while hearing a contempt petition against the West Bengal Bar Council. The case started from a law graduate’s complaint that she was asked to pay extra money to retrieve her documents after paying the statutory enrollment fee.
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The bench reminded the Bar Council of India (BCI) that under Section 24 of the Advocates Act, 1961, the enrollment fee cannot exceed ₹750 for general category candidates and ₹125 for those belonging to Scheduled Castes and Scheduled Tribes.
The Court noted that despite its earlier directions in the case of Gaurav Kumar v. Union of India (2024), several State Bar Councils were still collecting additional amounts under the name of “library development fund”, “building fund”, and “welfare fund.”
What is the final warning?
The Court gave BCI one last opportunity to ensure full compliance and directed it to issue written circulars to all State Bar Councils within four weeks.
The circulars must reiterate the statutory cap and clearly state that charging any amount beyond the prescribed fee would amount to contempt of court. The bench made it clear that any council found violating the rule would face direct contempt action. It also directed that no State Bar Council should withhold a candidate’s documents on the ground of unpaid fees once the statutory amount has been deposited.
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Documents must be returned immediately
In the case before it, the petitioner alleged that her academic certificates were withheld until she paid ₹4,650 in addition to the enrollment fee. The Court ordered that her documents be returned without delay and extended the direction to all similar cases across states.
The bench also reminded that its earlier clarification applied to all State Bar Councils as none can collect “optional fees” or additional charges in any form during enrollment. The matter will be taken up again after four weeks to review compliance.
