Supreme Court Urges Fairness in State Bar Fees, Emphasizes Welfare Fund for Advocate’s Support
Last Updated on July 31, 2024 by News Desk
The Supreme Court has clarified its stance on State Bar enrolment fees, stating that any funds collected from lawyers as a prerequisite to enrolment must strictly adhere to the definition of ‘enrolment fee’. The court emphasized that fees collected under various names such as verification fee, building fund, or benevolent fund should all be considered as part of the enrolment fee.
The court also pointed out that Section 24(1) of the Advocates Act specifies the conditions under which advocates can be enrolled on State rolls, and any additional charges beyond this specified fee should not cumulatively exceed the enrollment fee laid down in Section 24(1)(f). The court criticized the imposition of high fees on young law graduates seeking enrolment and urged the State Bar Councils (SBCs) and the Bar Council of India (BCI) to explore fairer methods of fee collection from practising advocates.
The Supreme Court also highlighted the Advocates Welfare Fund Act 2001 as a more equitable source of revenue, suggesting that mandatory welfare stamps on vakalatnama could fund advocate welfare without imposing hefty enrolment fees.
