The case Gaurav Kumar v. Union of India and connected cases involved a Public Interest Litigation (PIL) challenging the excessive enrollment fees charged by various State Bar Councils (SBCs) in India. The petitioners argued that these fees, often exceeding the amounts prescribed by Section 24(1)(f) of the Advocates Act, 1961, were arbitrary and created barriers for economically disadvantaged individuals aspiring to join the legal profession.
The Supreme Court of India, led by Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, delivered a landmark judgment on July 30, 2024. The Court ruled that the SBCs and the Bar Council of India (BCI) could not demand fees beyond the statutory limits set by the Advocates Act. The judgment emphasized that charging exorbitant fees violated fundamental rights, including the right to equality under Article 14 and the right to pursue a profession under Article 19(1)(g). The Court declared that the maximum enrollment fee should not exceed Rs. 750 for general category advocates and Rs. 125 for SC/ST category advocates.
The ruling also specified that while SBCs require funds for their operations, they cannot impose additional financial burdens on applicants as a condition for enrollment. The judgment applies prospectively, meaning SBCs do not have to refund excess fees already collected, but they must adhere to the legal limits going forward.
This case is significant as it addresses the accessibility of the legal profession, ensuring that financial barriers do not prevent qualified individuals from becoming advocates.
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