New Delhi: The Supreme Court has categorically stated that State Bar Councils cannot collect any additional fees under the guise of “optional” charges, reiterating its earlier directions on lawyer enrolment fees and emphasizing strict compliance with statutory provisions.
A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan issued the clarification while hearing a contempt petition filed by K.L.J.A. Kiran Babu against the Karnataka State Bar Council for alleged non-compliance with the court’s judgment in Gaurav Kumar v. Union of India.
The court was dealing with Contempt Petition (C) Diary No. 16629/2025 arising from Writ Petition (C) No. 352 of 2023, in which the petitioner alleged that the Supreme Court’s directions on enrolment fees were not being followed in letter and spirit. The petition specifically challenged the Karnataka State Bar Council’s practice of collecting amounts over and above statutory fees.
During the hearing, the petitioner pointed out that the Karnataka State Bar Council was charging Rs. 6,800 and Rs. 25,000 respectively over the statutory fees. Appearing for the Bar Council of India (BCI), Chairman Manan Kumar Mishra filed a detailed affidavit through Additional Secretary Awanish Kumar Pandey, outlining steps taken to ensure compliance with the court’s July 30, 2024 judgment.
The BCI informed the court that on August 6, 2024, it had directed all State Bar Councils to strictly follow the judgment. However, when questioned about the additional fees in Karnataka, Mr. Mishra contended that they were “optional and not mandatory.” The bench rejected this distinction, making it clear:
“There is nothing like optional. No State Bar Council or the Bar Council of India shall collect any fees of any amount as optional. They shall strictly collect fees in accordance with the directions issued by this Court in the main judgment.”
Reiterating paragraph 109 of the Gaurav Kumar judgment, the court emphasized that State Bar Councils cannot charge beyond the stipulation under Section 24(1)(f) of the Advocates Act, except for the enrolment fee and stamp duty, if applicable.
The standard fee remains Rs. 750 for General/OBC candidates (Rs. 600 to SBC + Rs. 150 to BCI) and Rs. 125 for SC/ST candidates (Rs. 100 to SBC + Rs. 25 to BCI). The bench noted with concern that Karnataka continued collecting Rs. 6,800 for items such as ID cards, certificates, welfare fund, and training, despite most other State Bar Councils complying fully.
The court directed that:
“If the Karnataka State Bar Council is collecting any amount in the name of optional, though it may not be mandatory, it must be stopped.”
The original Gaurav Kumar judgment had held that charging excess fees violates Articles 14 and 19(1)(g) of the Constitution, while clarifying that its decision would have prospective effect and that Councils need not refund excess fees collected before the ruling.
Disposing of the contempt petition, the bench reiterated that there should be no ambiguity regarding fee collection for lawyer enrolment across the country.
Case Title: K.L.J.A. Kiran Babu vs. Karnataka State Bar Council
