Gaurav Kumar vs Union Of India 2024 INSC 558 – Advocates Act- Enrollment Fees

Advocates Act, 1960; Section 24– The State Bar Councils (SBC) cannot charge “enrolment fees” beyond the express legal stipulation under Section 24(1)(f) as it currently stands; Section 24(1)(f) specifically lays down the fiscal pre-conditions subject to which an advocate can be enrolled on State rolls. The SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment; The decision of the SBCs to charge fees and charges at the time of enrolment in excess of the legal stipulation under Section 24(1)(f) violates Article 14 and Article 19(1)(g) of the Constitution- This decision will have prospective effect. The SBCs are not required to refund the excess enrolment fees collected before the date of this judgment. (Para 109)