The Supreme Court has refused to issue notice on a petition filed by the Bar Council of India (BCI) seeking an increase in the registration fee for lawyers.
The BCI had filed the petition requesting the Court to direct the Central Government to amend the Advocates Act 1961, which currently limits the registration fee that can be charged by State Bar Councils.
Current Fee Structure Under The Advocates Act
Under the existing provisions of the Advocates Act 1961, State Bar Councils can only charge a registration fee of Rs 750 for general category candidates and Rs 125 for SC/ST candidates.
This fee structure has remained unchanged for years, with the last increase taking place in 1993.
In its petition, BCI argued that the registration fee serves as the primary source of income for the Bar Council and without the ability to increase this fee, it would become difficult for the council to function effectively.
Request For Fee Increase For General And SC/STCandidates
The BCI has proposed that the registration fee be significantly increased. For general category candidates, the BCI is requesting the enrollment fee to be raised to Rs 25,000, with an additional Bar Council of India Fund fee of Rs 6,250.
Meanwhile, For SC/ST candidates, the proposed enrollment fee is Rs 10,000 for the State Bar Council and Rs 2,500 for the Bar Council of India.
Supreme Court Involvement
The Supreme Court has asked Attorney General R. Venkataramani to assist the court in this matter, signalling that the issue may require deeper legal consideration. The Court’s previous ruling had established that state Bar Councils cannot charge a registration fee higher than what is stipulated in the Advocates Act.
As the petition progresses, the BCI continues to emphasize the financial strain faced by the Bar Council and its employees, urging the government to amend the Act to allow for a more sustainable fee structure.
Next Steps For BCI
With the Supreme Court declining to issue a notice on the petition at this stage, the BCI’s efforts to amend the Advocates Act and raise the registration fee will likely face continued legal scrutiny.
The case brings attention to the growing financial challenges faced by legal organizations, particularly in light of the stagnant fee structure over the past three decades.
As the issue unfolds, the Bar Council hopes that the Central Government will consider the proposed amendments and address the concerns of the legal community.
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