In a victory for young legal professionals, the Kerala High Court has directed the Bar Council of Kerala (BCK) to refund the excess enrolment fee collected from seven lawyers, reinforcing that statutory bodies cannot charge beyond the limits prescribed by the Advocates Act.
Justice Bechu Kurian Thomas ordered the BCK to refund ₹5,000 to each of the petitioners within two weeks, noting that the collection of fees beyond the statutory limit was impermissible in light of the Supreme Court's recent ruling.
The plea was moved by a group of lawyers who argued that the Bar Council of Kerala had charged them an excess of ₹5,000 over and above the statutorily permitted enrolment fee of ₹750.
- The Argument: The petitioners contended that this "excess fee" was an illegal imposition and a direct violation of the law laid down by the Supreme Court.
- The Admission: In its counter-affidavit, the Bar Council of Kerala admitted to the collection and agreed to refund the excess amount if the petitioners approached them.
- The Order: Recording this submission, the High Court disposed of the plea with a specific direction to ensure the refund is processed within two weeks.
This High Court order is a direct implementation of the Supreme Court's landmark judgment in Gaurav Kumar v. Union of India (2024).
In that case, the Supreme Court held that State Bar Councils (SBCs) cannot charge enrolment fees higher than what is explicitly prescribed under Section 24(1)(f) of the Advocates Act, 1961.
- General Category: Maximum Fee ₹750
- SC/ST Category: Maximum Fee ₹125
The Apex Court had ruled that SBCs cannot impose "miscellaneous fees" (like building funds, library fees, etc.) as a mandatory pre-condition for enrolment, calling such exorbitant fees a barrier for students from economically weaker sections.
For years, State Bar Councils across India have charged enrolment fees ranging from ₹15,000 to ₹40,000, citing operational costs. The Kerala High Court's order serves as a strict reminder that unless the Advocates Act is amended by Parliament, Bar Councils must operate within the ₹750 limit for enrolment. It empowers young law graduates to reclaim excess payments and demands financial transparency from regulatory bodies.