Holding

State Bar Councils may charge only the enrolment fee prescribed in Section 24(1)(f) of the Advocates Act and cannot impose additional fees as a condition for enrolment.

Summary

Gaurav Kumar filed a writ petition challenging the fees levied by State Bar Councils (SBCs) at the time of enrolment, alleging that the amounts far exceed the Rs. 750 (general) and Rs. 125 (SC/ST) prescribed in Section 24(1)(f) of the Advocates Act, 1961, and that additional miscellaneous fees are being made a condition for enrolment. The Supreme Court examined whether SBCs, as delegated authorities, have the power to impose fees beyond the statutory provision and whether such fees can be a pre‑condition for admission to the roll of advocates. Relying on the principle that delegated legislation must conform strictly to the parent enactment and that Section 24(1)(f) is a fiscal regulatory provision, the Court held that SBCs may charge only the amount fixed by Parliament and cannot create new substantive obligations. The Court further found that the extra fees violate Articles 14 and 19(1)(g) of the Constitution as they are arbitrary, unreasonable, and impede substantive equality. Consequently, the Court declared the excess fees unconstitutional, barred SBCs and the Bar Council of India from demanding any fee beyond the statutory enrolment fee, and ordered that the decision have prospective effect without requiring refunds of fees collected before the judgment.

Issues considered

Whether the enrolment fees charged by State Bar Councils contravene Section 24(1)(f) of the Advocates Act, 1961.
Whether payment of other miscellaneous fees can be made a pre‑condition for enrolment as an advocate.

Legislation cited

Advocates Act, 1961s. 15, s. 24, s. 24(1)(f), s. 24A, s. 28, s. 49, s. 6, s. 7
Advocates Welfare Fund Act, 2001s. 15, s. 3
Bar Council of India Ruless. Rule 28, s. Rule 40
Constitution of Indias. Article 110, s. Article 14, s. Article 19(1)(g), s. Article 265, s. Article 366(28)

Subjects

State Bar CouncilsEnrolment feesAdvocates ActArticle 14Article 19(1)(g)Regulatory feesSubstantive equalityDelegated legislationFiscal provisionBar Council of IndiaMiscellaneous feesPre‑conditionConstitutional law

Judgment

[2024] 7 S.C.R. 1489 : 2024 INSC 558

Gaurav Kumar
v.
Union of India and Ors.
(Writ Petition (Civil) No. 352 of 2023)
30 July 2024
[Dr Dhananjaya Y Chandrachud,* CJI and
J.B. Pardiwala, JJ.]

Issue for Consideration
Whether the enrolment fees charged by the State Bar Councils
(SBC) are in contravention of Section 24(1)(f) of the Advocates
Act, 1961; whether payment of other miscellaneous fees can be
made a pre-condition for enrolment.

Headnotes†
Advocates Act, 1961 – s.24(1)(f) – Enrolment of advocates –
Challege to the validity of Enrolment fees charged by SBCs –
The grievance is that the fees charged by the SBCs at the
time of admission of persons on State rolls are more than
the enrolment fee prescribed under Section 24(1)(f) of the
Advocates Act 1961:
Held: While acting as a delegate of Parliament, the SBCs and the
Bar Council of India (BCI) can frame rules under the Advocates
Act – However, any rule enacted by the SBCs is only ancillary
and cannot be so exercised to bring into existence substantive
rights, obligations or disabilities not contemplated by the provisions
of the parent enactment – Further, the rules must align with the
object and purpose of the Advocates Act, namely, the creation
of a common bar and regulation of legal practitioners and their
qualifications, enrolment, right to practice, and discipline – A
delegate cannot act contrary to the express provisions and object
of the parent legislation – A delegate cannot widen or constrict the
scope of the parent legislation or the legislative policy prescribed
under it – A fiscal provision has to be construed strictly and a
delegate cannot consider any circumstance, factors or condition not
contemplated by the parent legislation – Section 24(1) lays down
the qualifications subject to which an advocate may be admitted
on a State roll – Section 24(1)(f) provides that the enrolment fee
payable by general candidates is Rupees seven hundred fifty and

* Author
1490 [2024] 7 S.C.R.

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by SC and ST candidates, Rupees one hundred and twenty-five –
Section 24(1)(f) reflects the legislative policy of the Advocates Act
that subject to the fulfilment of other conditions of Section 24(1),
the payment of the stipulated monetary amount will make a person
eligible to be admitted as an advocate – Presently, the SBCs
charge enrolment fees in the following manner: (i) they charge
an enrolment fee according to the legal stipulation under Section
24(1)(f), but charge miscellaneous fees, and (ii) they charge an
enrolment fee beyond the legal stipulation in addition to charging
miscellaneous fees – The SBCs cannot charge “enrolment fees”
beyond the express legal stipulation under Section 24(1)(f) as it
currently stands – Therefore, prescribing enrolment fees beyond
Rupees seven hundred for general candidates and Rupees one
hundred twenty-five for SC and ST candidates is contrary to
Section 24(1)(f) – The subject matter of enrolment fee is covered
by the Advocates Act – Therefore, the SBCs, being delegated
authorities, do not have any legislative powers to prescribe
enrolment fees contrary to the statutory stipulation – 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. [Paras 58, 66, 67, 68, 109(b), 109(c)]
Advocates Act, 1961 – All India Bar Committee – Legal
Background – discussed.
Advocates Act, 1961 – A Complete Code – Admission and
enrolment of advocates:
Held: The provisions of the Advocates Act indicate that it provides
a complete machinery to deal with the admission and enrolment of
advocates – The SBCs are vested with sufficient powers to ensure
effectual and complete implementation of the enactment. [Para 26]
Delegated Legislation – When can a delegated legislation be
challenged:
Held: It is well established in Indian Express Newspapers
(Bombay) (P) Ltd v. Union of India [1985] 2 SCR 287 and State of
Tamil Nadu v. P Krishnamurthy [2006] 3 SCR 396 that delegated
legislation can be challenged on the following grounds: (i) lack of
[2024] 7 S.C.R. 1491

Gaurav Kumar v. Union of India and Ors.

legislative competence to make delegated legislation; (ii) violation
of fundamental rights guaranteed under the Constitution; (iii)
violation of any provision of the Constitution; (iv) failure to conform
to the statute under which it is made or exceeding the limits of
authority conferred by the enabling Act; (v) repugnance to any
other enactment; and (vi) manifest arbitrariness. [Para 28]
Constitution of India – Arts.265 and 366 – Power to levy fees:
Held: (i) a fee is an impost in terms of Article 366(28); (ii) the
expression “tax” occurring in Article 265 means all imposts, including
fees and therefore any fee must be levied by the authority of a valid
law; (iii) fees being a compulsory exaction of money, the power to
levy fees cannot be implied; (iv) delegation of the power to levy
fees to a delegate of the legislature should be specifically provided
for under the parent legislation; and (v) the delegate must strictly
act within the parameters of the legislative policy laid down by the
parent legislation when levying fees and taxes.[Para 34]
Constitution of India – Advocates Act, 1961 – s.24(1)(f) –
Enrolment fee meets the characteristic of a Regulatory Fees:
Held: The State grants a licence to regulate a particular trade,
business, or profession – These regulatory activities entail a duty
on behalf of the State or its instrumentalities to supervise, regulate,
and monitor that particular trade, business, or profession – Because
such activities require the State to expend public resources, the
State can charge licence fees to defray the administrative costs –
The enrolment fee stipulated by Section 24(1)(f) of Advocates Act
meets the characteristic of a regulatory fee. [Paras 35, 38]
Advocates Act, 1961 – s.24(1)(f) – Bar Councils cannot levy
fees beyond the express stipulation of law:
Held: Section 24(1)(f) is a fiscal regulatory provision and has to
be construed strictly – Parliament has prescribed the enrolment
fees in the exercise of its sovereign legislative powers – The
SBCs and the BCI, being delegates of Parliament, cannot alter or
modify the fiscal policy laid down by Parliament – The delegate
can create substantive rights and obligations only to the extent
to which the parent enactment empowers the delegate – By
prescribing additional fees at the time of enrolment, the SBCs
have created new substantive obligations not contemplated by the
provisions of the Advocates Act – The basis for the fees imposed
by the SBCs has to be traceable to the provisions of the statute –
1492 [2024] 7 S.C.R.

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There is no express provision in the Advocates Act empowering
the SBCs to levy fees, except for the enrolment fee and stamp
duty, if any, under Section 24(1)(f), at the time of admission of
advocates on the State roll – The decision of the SBCs to charge
miscellaneous fees is contrary to the legislative prescription of the
Advocates Act. [Para 70]
Advocates Act, 1961 – s.24 – Charges other than the enrolment
fee cannot be a valid pre-condition:
Held: Admission on the roll of advocates is a pre-requisite for any
person intending to practice law in India – At the time of enrolment,
candidates have little agency but to pay the miscellaneous fees
imposed by the SBCs to get enrolled – Non-payment of the fees
means that a candidate cannot get enrolled on the State roll –
Thus, all the miscellaneous fees collected from a candidate at
the time of enrolment essentially serve as a pre-condition to the
process of enrolment – Section 24(1) specifically lays down the
pre-conditions subject to which an advocate can be enrolled on
State rolls – Since Section 24(1)(f) specifies the amount that can
be charged by the SBCs as an enrolment fee, the SBCs and the
BCI cannot demand payment of fees other than the stipulated
enrolment fee as a pre-condition to enrolment. [Para 79]
Bar Council of India Rules – Rule 40 under Section IVA of
Chapter II of Part VI:
Held: Rule 40 under Section IVA of Chapter II of Part VI under
the BCI Rules mandates every advocate borne on the rolls to pay
the SBC a sum of Rupees three hundred every third year – The
sum under Rule 40 can only be collected from advocates already
admitted on the State rolls – Therefore, this sum cannot be collected
from persons at the time of enrolment – It must be collected from
advocates after they are admitted on the State roll. [Para 80]
Constitution of India – Art.14 – Enrolment of advocates –
Exorbitant Enrolment fees charged by SBCs – Substantive
equality and manifest arbitrariness:
Held: The burden of payment of enrolment fees and other
miscellaneous fees imposed by the SBCs falls equally on all
persons seeking enrolment – While the burden is facially neutral,
it perpetuates structural discrimination against persons from
marginalized and economically weaker sections of the society – In
more than one way, the process of enrolment perpetuates a culture
[2024] 7 S.C.R. 1493

Gaurav Kumar v. Union of India and Ors.

of systemic exclusion and discrimination that impacts the entry of law
graduates into the legal profession and even beyond – The right to
pursue a profession of one’s choice and earn livelihood is integral
to the dignity of an individual – Charging exorbitant enrolment fees
and miscellaneous fees as a pre-condition for enrolment creates
a barrier to entry into the legal profession – The levy of exorbitant
fees as a pre-condition to enrolment serves to denigrate the dignity
of those who face social and economic barriers in the advancement
of their legal careers – This effectively perpetuates systemic
discrimination against persons from marginalized and economically
weaker sections by undermining their equal participation in the
legal profession – Therefore, the current enrolment fee structure
charged by the SBCs (Eg: the Bar Council of Maharashtra and
Goa charges a cumulative fee of Rupees fifteen thousand from
the general candidates and Rupees fourteen thousand five
hundred from SC and ST candidates) is contrary to the principle
of substantive equality. [Paras 84, 90]
Constitution of India – Art. 19(1)(g) – The right to practice law –
Fees or licences levied by the authorities – Unreasonableness:
Held: According to the current enrolment fee structure of the SBCs,
an advocate has to pay anywhere between Rupees fifteen thousand
to Rupees forty-two thousand as a pre-condition to enrolment –
The SBCs charge enrolment fees in excess of the stipulated fee
prescribed under Section 24(1)(f) – The excess enrolment fee
imposed by the SBCs is without authority of law – Compounded
with this there are no reasonable criteria behind the decision of
the SBCs to charge such exorbitant amounts as enrolment fees –
The SBCs cannot have unbridled powers to charge any fees
given the express legislative policy under Section 24(1)(f) –
Imposing excessive financial burdens on young law graduates
at the time of enrolment causes economic hardships, especially
for those belonging to the marginalized and economically weaker
sections of the society – Therefore, the current enrolment fee
structure charged by the SBCs is unreasonable and infringes Article
19(1)(g). [Para 102]
Advocates Act, 1961 – Exorbitant Enrolment fees charged by
the SBCs – Financial implications for the SBCs and the BCI:
Held: According to the legislative scheme of the Advocates Act, the
Bar Councils must only charge the amount stipulated under Section
24(1)(f) as an enrolment fee – Once the advocates are enrolled on
1494 [2024] 7 S.C.R.

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the State rolls, the Bar Councils can charge fees for the services
provided to the advocates in accordance with the provisions of
the Advocates Act – It is for the SBCs and the BCI to devise an
appropriate method of charging fees that is fair and just not only
for the law graduates intending to enroll, but also for the advocates
already enrolled on the State rolls – There are several reasonable
ways by which the SBCs and BCI can and already do collect funds
at later stages of an advocate’s career. [Paras 103, 104]

Case Law Cited
O N Mohindroo v. Bar Council of Delhi [1968] 2 SCR 709 : (1968)
SCC OnLine SC 3; Commissioner, Hindu Religious Endowments,
Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt
[1954] 1 SCR 1005 : (1954) 1 SCC 412; Corporation of Calcutta
v. Liberty Cinema [1965] 2 SCR 477 : (1964) SCC OnLine SC 65;
Navtej Singh Johar v. Union of India [2018] 7 SCR 379 : (2018)
10 SCC 1; Chintamanrao v. State of Madhya Pradesh [1950] 1
SCR 759 : (1950) SCC 695; Rashid Ahmed v. Municipal Board,
Kairana [1950] 1 SCR 566 : (1950) SCC 221; Mohammad Yasin
v. Town Area Committee, Jalalabad [1952] 1 SCR 572 : (1952) 1
SCC 205; Cooverjee B Bharucha v. Excise Commissioner [1954]
1 SCR 873 : (1954) 1 SCC 18 – followed.
CIT v. McDowell and Co. Ltd. [2009] 8 SCR 983 : (2009) 10 SCC
755; Ahmedabad Urban Development Authority v. Sharadkumar
Jayantikumar Pasawalla [1992] 3 SCR 328 : (1992) 3 SCC 285;
Pratap Chandra Mehta v. State Bar Council of MP [2011] 11 SCR
965 : (2011) 9 SCC 573; S Seshachalam v. Bar Council of Tamil
Nadu [2014] 12 SCR 465 : (2014) 16 SCC 72; Neil Aurelio Nunes
v. Union of India [2022] 11 SCR 585 : (2022) 4 SCC 1 – relied on.
Bar Council of U P v. State of U P [1973] 2 SCR 1073 : (1973)
1 SCC 261; Dr Haniraj L Chulani v. Bar Council of Maharashtra
and Goa [1996] Supp. 1 SCR 51 : (1996) 3 SCC 342; Girnar
Traders v. State of Maharashtra [2011] 3 SCR 1 : (2011) 3 SCC
1; Mahachandra Prasad Singh (Dr.) v. Bihar Legislative Council
[2004] Supp. 5 SCR 692 : (2004) 8 SCC 747; In re Delhi Laws
Act 1912 (1951) SCC 568; Vasantlal Maganbhai Sanjanwala v.
State of Bombay [1961] 1 SCR 341 : (1960) SCC OnLine SC 27;
Harishankar Bagla v. State of Madhya Pradesh [1955] 1 SCR 380 :
(1954) 1 SCC 978; Municipal Corporation of Delhi v. Birla Cotton,
Spinning and Weaving Mills, Delhi [1968] 3 SCR 251 : (1968) SCC
OnLine SC 13; Indian Express Newspapers (Bombay) (P) Ltd. v.
[2024] 7 S.C.R. 1495

Gaurav Kumar v. Union of India and Ors.

Union of India [1985] 2 SCR 287 : (1985) 1 SCC 641; State of
Tamil Nadu v. P Krishnamurthy [2006] 3 SCR 396 : (2006) 4 SCC
517; Azfal Ullah v. State of U P [1964] 4 SCR 991 : (1963) SCC
OnLine SC 76; Rohtak and Hissar Districts Electric Supply Co.
Ltd. v. State of Uttar Pradesh [1966] 2 SCR 863 : (1965) SCC
OnLine SC 75; D K Trivedi and Sons v. State of Gujarat [1986] 1
SCR 479 : (1986) Supp SCC 20; M P V Sundararamier & Co. v.
State of Andhra Pradesh [1958] 1 SCR 1422 : (1958) SCC OnLine
SC 22; Kandivali Coop. Industrial Estate v. Municipal Corporation
of Greater Mumbai [2015] 1 SCR 989 : (2015) 11 SCC 161; H H
Sudhindra Thirtha Swamiar v. Commissioner for Hindu Religious
and Charitable Endowments [1963] Supp. 2 SCR 302; Indian
Mica Micanite Industries v. State of Bihar [1971] Supp. 1 SCR
319 : (1971) 2 SCC 236; Kewal Krishan Puri v. State of Punjab
[1979] 3 SCR 1217 : (1980) 1 SCC 416; Sreenivasa General
Traders v. State of A P [1983] 3 SCR 843 : (1983) 4 SCC 353;
Secunderabad Hyderabad Hotel Owners’ Association v. Hyderabad
Municipal Corporation [1999] 1 SCR 143 : (1999) 2 SCC 274;
Vam Organic Chemicals Ltd. v. State of U P [1997] 1 SCR 403 :
(1997) 2 SCC 715; A P Paper Mills Ltd. v. Government of A P
[2000] Supp. 3 SCR 513 : (2000) 8 SCC 167; In Re Sanjiv Dutta,
Deputy Secretary, Ministry of Information and Broadcasting [1995]
3 SCR 450 : (1995) 3 SCC 619; Ajitsinh Arjunsinh Gohil v. Bar
Council of Gujarat [2017] 5 SCR 984 : (2017) 5 SCC 465; Gupta
Modern DalitBreweries v. State of Jammu and Kashmir [2007] 5
SCR 343 : (2007) 6 SCC 317; Bar Council of Delhi v. Surjeet Singh
[1980] 3 SCR 946 : (1980) 4 SCC 211; Reiterated in Bar Council
of Maharashtra and Goa v. Manubhai Paragji Vashi (2012) 1 SCC
314; Indian Council of Legal Aid and Advice v. Bar Council of India
[1995] 1 SCR 304 : (1995) 1 SCC 732; Union of India v. Rajdhani
Grains & Jaggery Exchange Ltd. [1975] Supp. 1 SCR 1 : (1975)
1 SCC 676; Kunj Behari Lal Butail v. State of H P [2000] 1 SCR
1054 : (2000) 3 SCC 40; Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd.
v. CST [1974] 2 SCR 879 : (1974) 4 SCC 98; Agricultural Market
Committee v. Shalimar Chemical Works Ltd. [1997] Supp. 1 SCR
164 : (1997) 5 SCC 516; General Officer Commanding-in-Chief v.
Subhash Chandra Yadav [1988] 3 SCR 62 : (1988) 2 SCC 352;
Rajnarain Singh v. Patna Administration Committee [1955] 1 SCR
290 : (1954) 2 SCC 82; Avinder Singh v. State of Punjab [1979]
1 SCR 845 : (1979) 1 SCC 137; J K Industries Ltd. v. Union of
India [2007] 12 SCR 136 : (2007) 13 SCC 673; Assam Co. Ltd. v.
State of Assam [2001] 2 SCR 515 : (2001) 4 SCC 202; Consumer
1496 [2024] 7 S.C.R.

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Online Foundation and Others v. Union of India [2011] 5 SCR
911 : (2011) 5 SCC 360; Global Energy Ltd. v. Central Electricity
Regulatory Commission [2009] 9 SCR 22 : (2009) 15 SCC 570;
Bar Council of Kerala v. N S Gopakumar [SLP(C) No. 44268 of
2018]; Akshai M Sivan v. Bar Council of Kerala [WP(C) No. 3068
of 2023 (order dt. 12 June 2023)]; Joseph Shine v. Union of
India [2018] 11 SCR 765 : (2019) 3 SCC 39; Nitisha v. Union of
India [2021] 4 SCR 633 : (2021) 15 SCC 125; Hariram Bhambhi v.
Satyanarayan [2021] 8 SCR 855 : (2021) SCC OnLine SC 1010;
K S Puttaswamy v. Union of India [2018] 8 SCR 1 : (2017) 10
SCC 1; Ravinder Kumar Dhariwal v. Union of India (2023) 2 SCC
209; Khoday Distilleries Ltd. v. State of Karnataka [1995] Supp. 6
SCR 759 : (1996) 10 SCC 304; Clariant International Ltd. v. SEBI
[2004] Supp. 3 SCR 843 : (2004) 8 SCC 524; Shayara Bano v.
Union of India [2017] 9 SCR 797 : (2017) 9 SCC 1; Secretary,
Ministry of Chemicals & Fertilizers, Government of India v. Cipla
Ltd. [2003] Supp. 2 SCR 177 : (2003) 7 SCC 1; Franklin Templeton
Trustee Services (P) Ltd. v. Amruta Garg (2021) 9 SCC 606; N K
Bajpai v. Union of India [2012] 2 SCR 433 : (2012) 4 SCC 653;
Jamshed Ansari v. High Court of Judicature at Allahabad [2016] 4
SCR 111 : (2016) 10 SCC 554; R M Seshadri v. District Magistrate
[1955] 1 SCR 686 : (1954) 2 SCC 320; Minerva Talkies v. State of
Karnataka [1988] 2 SCR 511 : (1988) Supp SCC 176; Somaiya
Organics (India) Ltd. v. State of U P [2001] 3 SCR 33 : (2001) 5
SCC 519 – referred to.
Akshai M Sivan v. Bar Council of Kerala [Writ Petition (Civil)
No. 3068 of 2023 in the High Court of Kerala]; Manimaran v.
Bar Council of India [Writ Petition (MD) No. 8756 of 2023 in the
High Court of Madars at Madurai]; Amey Shejwal v. Bar Council
of Maharashtra and Goa [Writ Petition No. 3795 of 2021 in the
High Court of Bombay]; Bar Council of Maharashtra v. Union of
India (2002) SCC OnLine Bom 251; T Koshy v. Bar Council of
Kerala (2016) SCC OnLine Ker 41055; Bar Council of Kerala v.
T Koshy [W A No. 2170 of 2017] – referred to.
George Walkem Shannon v. Lower Mainland Dairy Products Board.,
1938 AC 708 – referred to.

Books and Periodicals Cited
Draft Uniform Rules (For Enrolment and Other Fees To Be Charged
By The State Bar Councils) 2023; Report of the All-India Bar
Committee (1953) 15; The Legal Practitioners Bill 1959, Report
[2024] 7 S.C.R. 1497

Gaurav Kumar v. Union of India and Ors.

of the Joint Committee (28 March 1960); Shri Shankaraiya,
Legal Practitioners Bill, Lok Sabha (27 April 1961) 14162; Legal
Practitioners Bill, Lok Sabha (27 April 1961) 14164; Rajya Sabha,
Advocates Bill 1961 (4 May 1961) 2125; Law Commission of
India, Fourteenth Report, Reform of Judicial Administration 1958
(Volume 1) 575; Resolution No. 32 of 2013, Gazette Notification
dated 28 June 2013; BCI. D 7114/2016(C1) dated 22 December
2016; Communication dated 28 January 2017 by the BCI to the
secretaries of the SBCs, BCI:D 529/2017(Council) dated 28 January
2017; Challenges for Dalits in South Asia’s Legal Community,
Chapter III – Dalit Justice Defenders in India, American Bar
Association (2021) 16; Challenges for Dalits in South Asia’s Legal
Community, Chapter III – Dalit Justice Defenders in India, American
Bar Association (2021) 17 – referred to.
List of Acts
Legal Practitioners Act, 1879; Indian Bar Councils Act, 1926;
Advocates Act, 1961; Constitution of India; Bar Council of India
Rules; Advocates Welfare Fund Act, 2011.

List of Keywords
All India Bar Committee; Delegated Legislation; Power to levy
fees; Regulatory fees; State Bar Councils; Enrolment of advocates;
Enrolment fees of advocates; Valid pre-condition; Substantive
equality; Arbitrariness; Article 14 of Constitution of India; Article
19(1)(g) of the Constitution; Section 24(1)(f) of the Advocates
Act, 1961; Bar Council of India; Enrolment fee of advocates;
Enrolment of advocates; Miscellaneous fees; Article 265 of
the Constitution of India; Article 366(28) of the Constitution of
India; Article 110 of the Constitution of India; Legislative policy;
Marginalized communities in legal profession; Dignity of an
individual; Reasonable restrictions; Excessive Enrolment fees;
Financial implications for State Bar Councils.

Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 352 of 2023
(Under Article 32 of The Constitution of India)
With
T.C.(C) Nos. 28, 29, and 30 of 2023, T.P.(C) Nos. 2526, 1982,
2088-2089, 2171, 2123 and 2734 of 2023
1498 [2024] 7 S.C.R.

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Appearances for Parties
By Courts Motion
Solicitor General of India, K.M. Natraj, ASG, Raghenth Basant, R.
Balasubramanian, Manan Kumar Mishra, S. Prabakaran, Apurba
Kumar Sharma, C. Nageswara Rao, V. Giri, Sr. Advs., Ms. Kaushitaki
Sharma, Ms. Hima Bhardwaj, Ms. Purnima Krishna, Sachin Patil, Rohit
Kumar, Shailendra Singh, Adarsh Mishra, Mrs. Usha Prabakaran, Ms.
Divya, Ms. Rv Shaarumathi, G Jai Singh, Muthu Ganesa Pandian, M/s.
Ram Sankar & Co, Dr. Arvind S. Avhad, Rajat Kapoor, Sushil Sonkar,
Sanjay Shirsat, Mrs. Resmi Shirsat, Shivakant Vats, Rohit Jaiswal,
Mangesh Naik, Dnyaneshwar N Telange, Kailas Bajirao Autade,
Ravindra Sadanand Chingale, Dr. Ravindra Chingale, Ms. Rashi
Sheth, Ms. Sumbul Ausaf, Ms. Deeplaxmi Matwankar, Dr. Rakesh
Kumar, Ms. Kalyani Lal, Prabhas Bajaj, Anmol Chandan, Sharath
Nambiar, Ms. Ruchi Gour Narula, Shivank Pratap Singh, Satvik
Mishra, Arvind Kumar Sharma, Shubham Saurav, Gaurav Sharma,
M/s. Axess Legal Corp, Nitin Lonkar, Siddharth Dharmadhikari,
Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya
Krishna, Ms. Preet S. Phanse, Adarsh Dubey, Ms. Deepanwita
Priyanka, M. Naveen, Ms. Anjul Dwivedi, G Anandan, Dr. Ram
Sankar, B Sasi Kumar, Mrs. Harini Ramsankar, M/s. Ram Sankar &
Co., Sudarshan Singh Rawat, Ms. Anubha Dhulia, Ms. Saakshi Singh
Rawat, Byrapaneni Suyodhan, Kumar Shashank, Ms. Tatini Basu,
Purvish Jitendra Malkan, Ms. Dharita Purvish Malkan, Alok Kumar,
Kush Goel, Dhruva Kumar, Ajay Kuamr Agarwal, Sachin Jain, Vishal,
Rajiv Ranjan Dwivedi, Ms. Radhika Gautam, Mohammed Sadique
T.A., Alim Anvar, Rahul Narang, Rao Vishwaja, Harshed Sundar,
Nihar Dharmathikari, Niranjan Sahu, Umakant Misra, Mrs. Prabhati
Nayak, Debabrata Dash, Ms. Apoorva Sharma, Abhishek Gautam,
Sanjay Sharma, Keshari Kumar Tiwari, Karan Kapur, Dr. Ravinder
Kumar Singh, Ms. Kamayani Tripathi, Ajit Pathak, Yusuf, Sanpreet
Singh Ajmani, Sandeep Malik, Amit Kumar, Vishal Gera, Pukhrambam
Ramesh Kumar, Karun Sharma, Ms. Anupama Ngangom, Ms.
Rajkumari Divyasana, Ms. Vrinda Bhandari, Ms. Pragya Barsaiyan,
Madhav Aggarwal, Ms. Anandita Rana, Durgesh Ramchandra Gupta,
Vikas Verma, Mrs. Sapna Verma, Mayank Choudhary, Shafik Ahmed,
Danish Saifi, Ms. Anju, Bibhav Kumar Singh, Satya Prakash Gautam,
Shahid Akhtar, Advs. for the appearing parties.
Gaurav Kumar, Petitioner-in-person
[2024] 7 S.C.R. 1499

Gaurav Kumar v. Union of India and Ors.

Judgment / Order of the Supreme Court

Judgment
Dr Dhananjaya Y Chandrachud, CJI
Table of Contents*

A. Background....................................................................... 4
B. Issues................................................................................. 8
C. Submissions...................................................................... 8
D. Legal background............................................................ 13
i. All India Bar Committee........................................... 13
ii. Advocates Act: A Complete Code........................... 17
iii. Delegated legislation................................................ 20
iv. Power to levy fees.................................................... 22
v. Regulatory fees......................................................... 25
E. Fees charged by the SBCs............................................ 28
F. SBCs cannot charge enrolment fees beyond the
mandate of Section 24(1)(f)............................................ 31
i. Legislative Scheme.................................................. 31
ii. Bar Councils cannot levy fees beyond the
express stipulation of law....................................... 39
G. All fees charged at the time of enrolment are
‘enrolment fees’............................................................... 46
i. Charges other than the enrolment fee cannot be
a valid pre-condition................................................. 48
ii. Article 14: substantive equality and manifest
arbitrariness.............................................................. 51
iii. Article 19(1)(g): unreasonableness......................... 60
H. Financial implications for the SBCs and the BCI ....... 65
I. Conclusions...................................................................... 67
1. The proceedings under Article 32 of the Constitution address a
challenge to the validity of the enrolment fees charged by State Bar

* Ed. Note: Pagination as per the original Judgment.
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Councils.1 The grievance is that the fees charged by the SBCs at
the time of admission of persons on State rolls are more than the
enrolment fee prescribed under Section 24(1)(f) of the Advocates
Act 1961.2
A. Background
2. The Advocates Act was enacted to amend and consolidate the law
relating to legal practitioners and constitute a common Bar for the
whole country. The enactment establishes the SBCs3 and the Bar
Council of India.4 Section 6 of the Advocates Act entrusts myriad
functions to the SBCs. These functions comprehend entry into and
conduct of legal professionals, including admission of advocates to
their rolls, preparation and maintenance of rolls, determination of
cases of misconduct against advocates on the rolls and safeguarding
the rights, privileges and interests of advocates. The statute empowers
the SBCs to organize legal aid for the poor, promote and support
law reform, conduct academic discourses, and publish journals and
papers on matters of legal interest.
3. The functions of the BCI have been enumerated under Section 7.
These include laying down standards of professional conduct and
etiquette for advocates, enunciating the procedure to be followed
by its disciplinary committee and the disciplinary committee of the
SBCs, safeguarding the rights, privileges, and interests of advocates,
and promoting law reform. BCI is empowered to exercise general
supervision and control over the SBCs. BCI is also empowered to
impart legal education and lay down standards for legal education
in consultation with the universities whose degrees in law would be
a qualification for enrolment as an advocate and, for that purpose,
visit and inspect universities.
4. Chapter III of the Advocates Act pertains to the admission and
enrolment of advocates. Section 17 mandates the SBCs to prepare
and maintain a roll of advocates. An application for admission as
an advocate on a State roll is made to the SBCs.5 The SBCs are

1 “SBCs”
2 “Advocates Act”
3 Section 3, Advocates Act
4 “BCI”; Section 4, Advocates Act
5 Section 25, Advocates Act
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required to issue a certificate of enrolment to every person whose
name is enrolled in the roll of advocates.6 Section 24 prescribes
the qualifications and conditions for a person to be admitted as an
advocate.7
5. To qualify to be admitted as an advocate on a State roll, a person
must:
(a) be a citizen of India;
(b) complete the age of twenty-one years;

6 Section 22, Advocates Act
7 Section 24, Advocates Act [It reads:
24. Persons who may be admitted as advocates on a State roll.—(1) Subject to the provisions of this
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State
roll, if he fulfils the following conditions, namely:—
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country
may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to
practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the [12th day of March, 1967], from any University in the territory of India; or
(ii) before the 15th day of August, 1947, from any University in any area which was
comprised before that date within India as defined by the Government of India Act,
1935; or
[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iii-a), after undergoing
a three-year course of study in law from any University in India which is recognised for
the purposes of this Act by the Bar Council of India; or
(iii-a) after undergoing a course of study in law, the duration of which is not less than two
academic years commencing from the academic year 1967-68, or any earlier academic
year from any University in India which is recognised for the purposes of this Act by the
Bar Council of India; or]
[(iv) in any other case, from any University outside the territory of India, if the degree is
recognised for the purposes of this Act by the Bar Council of India; or]
[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; [or has
passed the articled clerk’s examination or any other examination specified by the High Court
at Bombay or Calcutta for enrolment as an attorney of that High Court;] or has obtained such
other foreign qualification in law as is recognised by the Bar Council of India for the purpose of
admission as an advocate under this Act];
(e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council
under this Chapter;
[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act,
1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of [six hundred rupees
and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour
of that Council]:
Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes
and produces a certificate to that effect from such authority as may be prescribed, the enrolment
fee payable by him to the State Bar Council shall be [one hundred rupees and to the Bar Council
of India, twenty-five rupees].
[Explanation.—For the purposes of this sub-section, a person shall be deemed to have obtained a
degree in law from a University in India on the date on which the results of the examination for that
degree are published by the University on its notice-board or otherwise declaring him to have passed
that examination.]]
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(c) obtain a degree in law;
(d) fulfil such other conditions as may be specified in the rules
made by the SBCs under Chapter III; and
(e) pay an enrolment fee of Rupees six hundred payable to the
SBC and Rupees one hundred to the BCI along with any
stamp duty, if chargeable. In the case of a person belonging
to the Scheduled Castes or Scheduled Tribes, the enrolment
fee of Rupees one hundred is payable to the SBC and Rupees
twenty-five to the BCI.
6. The SBCs charge enrolment fees stipulated under Section 24(1)
(f) of the Advocates Act to admit law graduates on their State roll.
At the time of enrolment, the SBCs also charge various “fees” and
“charges” in addition to the enrolment fees in the form of library fund
contributions, administration fees, identity card fees, welfare funds,
training fees, processing fees, certificate fees, etc. The amount of
fees charged by the SBCs differ significantly. This results in a situation
where a law graduate has to pay somewhere between Rupees fifteen
thousand to Rupees forty-two thousand (depending upon the SBC)
as cumulative fees at the time of enrolment.
7. The petitioner instituted proceedings under Article 32 of the
Constitution seeking a declaration that the fees charged by the SBCs
at the time of enrolment violate Section 24(1)(f) of the Advocates
Act. In its order dated 10 April 2023, this Court issued notice while
observing that the petitioner has raised a significant issue about the
enrolment fees charged by the SBCs. By an order dated 17 July
2023, this Court transferred to itself the petitions dealing with similar
issues from the High Court of Kerala,8 the High Court of Judicature at
Madras at Madurai,9 and the High Court of Judicature at Bombay.10
Given this background, we now deal with the challenge to the validity
of enrolment fees charged by the SBCs.
B. Issues
8. The petitions give rise to the following issues:

8 Akshai M Sivan v. Bar Council of Kerala, Writ Petition (Civil) No. 3068 of 2023
9 Manimaran v. Bar Council of India, Writ Petition (MD) No. 8756 of 2023
10 Amey Shejwal v. Bar Council of Maharashtra and Goa, Writ Petition No. 3795 of 2021
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a. Whether the enrolment fees charged by the SBCs are in
contravention of Section 24(1)(f) of the Advocates Act; and
b. Whether payment of other miscellaneous fees can be made a
pre-condition for enrolment.
C. Submissions
9. Mr Gaurav Kumar, the petitioner-in-person, made the following
submissions:
a. Section 24(1)(f) expressly prescribes the enrolment fee
chargeable by the SBCs and the BCI for persons to be admitted
as an advocate. SBCs are charging exorbitant enrolment fees,
often under different heads, in derogation of Section 24(1)(f);
b. Once there is a specific provision prescribing enrolment fees,
the SBCs or the BCI through their delegated rule-making power
cannot charge fees beyond the substantive provision. Therefore,
the BCI and the SBCs cannot invoke their powers to frame rules
under Section 49(1) and Section 28(1) of the Advocates Act
respectively to prescribe enrolment fees that are at variance
with Section 24(1)(f);
c. The term ‘subject to the provisions of this Act’ at the beginning of
Section 24 has been misconstrued to permit charging enrolment
fees beyond the statutory prescription. It only means that other
provisions of the Act must be considered while deciding the
‘eligibility’ of law graduates to be admitted as advocates on
the state rolls;
d. Section 6(3) of the Advocates Act prescribes how the SBCs
may constitute ‘funds’ to fulfil their functions under Section 6(2).
It does not allow imposing additional charges under different
heads along with the enrolment fees or charging exorbitant fees
as a mandatory condition for persons to get enrolled;
e. The exorbitant enrolment fees prevent law graduates belonging
to economically weaker sections of society from getting
admitted to the rolls of the SBCs. Such an indirect bar on
law graduates enrolling as advocates offends Article 19(1)(g)
of the Constitution. It also makes the process of enrolment
coercive, improper, unjust and unfair, violating Article 14 of
the Constitution; and
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f. The Advocates’ Welfare Fund Act 2001 enacted by Parliament
allows for the collection of funds through various sources for
the welfare of advocates. This amount does not need to be
collected by levying exorbitant enrolment fees.
10. Mr Manan Kumar Mishra, senior counsel made the following
submissions on behalf of the BCI:
a. Bar Councils require adequate operational funds to effectively
discharge their functions. They require funds for day-to-day
functioning including administrative expenses, staff salaries,
infrastructure maintenance and technological advancements.
Inadequate funding will hinder the ability of SBCs to comply
with their statutory obligations under the Advocates Act;
b. The enrollment fee prescribed under Section 24(1)(f) was fixed
by the legislature in 1993 and has not been modified since. It
fails to account for inflation and is not adequate to meet current
financial demands. Unlike other professional bodies that levy
an annual subscription fee on members, SBCs rely on the
one-time enrolment fee;
c. The fees charged by SBCs at the time of enrollment include
additional expenses incurred in the enrolment process along
with the enrolment fee prescribed by the Act, such as online
data processing fee, identity card fee and verification process
fee. Therefore, the fees charged do not violate Section 24(1)
(f) and are linked to the services being rendered by the SBCs;
d. Section 6(2) lays down the functions of the SBCs and places
enrolment of advocates exclusively within their domain. An
entity on whom statutory powers or duties have been conferred
impliedly possesses incidental powers necessary for its effective
exercise;
e. Section 15 of the Act provides SBCs with the power to make
rules to carry out the purposes of Chapter II of the Act (including
Section 6). This general power to frame Rules includes the
power to levy charges for services rendered under the Act;
f. Merely because a charge is levied at the time of ‘enrollment’ does
not make it an enrollment fee. The ‘enrollment fee’ charged by
most SBCs under Section 24(1)(f) continues to be six hundred
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rupees and the remaining amount is usually attributable to
additional charges for other services. SBCs may be directed to
comply with Section 24(1)(f) while charging an ‘enrollment fee’.
But this must be distinguished from other charges levied at the
time of enrolment. Such charges are permissible provided they
pass the test of quid pro quo in terms of services rendered in
return for the charges levied; and
g. The BCI has the power to frame rules to charge reasonable
fees under Section 49(1) (ah) and Section 49(h). The term ‘any
matter’ used in Section 49(h) also includes matters relating to
the enrolment of an advocate. In exercise of this power and
to ensure uniformity, the BCI has placed on record before this
Court, the draft Uniform Rules (For Enrolment and Other Fees
To Be Charged By The State Bar Councils) 202311 laying down a
uniform fee to be charged by all SBCs at the time of enrollment.
11. In view of the above submissions, the BCI has submitted that this
Court exercise its extraordinary powers under Article 142 to implement
a uniform enrolment fee structure that adequately caters to the
financial requirements of the SBCs until legislative amendments are
made to the Advocates Act. Additionally, it has urged this Court to
direct the Union Government to revise the enrolment fee prescribed
in Section 24(1)(f).
12. The SBCs have filed counter affidavits justifying the imposition of
the fees charged by them at the time of enrollment. In essence, they
contend that (i) the statutorily prescribed enrolment fee in Section
24(1)(f) fails to account for the current economic situation; (ii) the SBCs
are charging fees in addition to the statutorily prescribed enrolment
fee in return for services such as library fee and ID card fee under
their rule-making powers under Section 15 and Section 28; and (iii)
the additional charges are essential to enable the SBCs to fulfil their
statutory functions. In order to fulfil these statutory functions, the
SBCs inter alia run various welfare programs, insurance schemes,
seminars and training programmes, which require adequate funding.
13. Mr Raghenth Basant, senior counsel appearing for the petitioners
before the Kerala High Court assailed the levy of enrollment fees by

11 “BCI Draft Enrolment Rules”
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the Bar Council of Kerala in excess of the fee prescribed in Section
24(1)(f). Mr Basant made the following submissions:
a. Rules prescribed by the SBCs under general provisions such
as Section 24(1)(e) cannot be with respect to the enrolment
fee which has been specifically dealt with in Section 24(1)(f);
b. Rule-making powers cannot be used to frame rules contrary to
the Advocates Act, especially in the absence of any provision
stipulating that the BCI or the SBCs are entitled to increase
the statutory enrolment fee as they deem fit;
c. The 1993 amendment which increased the statutory enrolment
fee to its present form indicates that Parliament has been
conscious of the need to increase the enrolment fee as and
when required and is the only competent authority to carry out
such changes; and
d. Other fees charged by the Bar Council of Kerala, such as the
sums charged under Rule 40 of Section IVA under Chapter II
of Part VI of the Bar Council of India Rules12 cannot be made
a condition precedent for enrolment. Rule 40 of the BCI Rules
prescribes that the payment be made by an advocate on the rolls
of the SBC and thus, it cannot be a pre-requisite for enrolment.
D. Legal background
i. All India Bar Committee
14. The establishment of the High Courts by Letters Patent in the
Presidencies of Calcutta, Bombay, and Madras brought all courts
in the territories of British India under a unified system. The Letters
Patent also allowed the High Courts to enroll advocates, vakils,
and attorneys. The Legal Practitioners Act 1879 empowered the
High Courts not established by royal charters to make rules for the
qualifications and admission of persons seeking to be advocates of
the Court.13 Initially, barristers and solicitors predominated the Original
Side practice in the High Courts.14 Gradually, both advocates and
vakils (who were Indian non-barristers) could act and plead before

12 “BCI Rules”
13 Section 41, Legal Practitioners Act 1879
14 Report of the All-India Bar Committee (1953) 15
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all High Courts, except for the Calcutta High Court which excluded
vakils from the Original Side.15 This distinction between advocates
and vakils led to the demand for the creation of an all-India Bar.
15. To give effect to this demand, the colonial legislature enacted the
Indian Bar Councils Act 192616 “to provide for the constitution and
incorporation of Bar Councils and to confer powers and impose
duties on such Bar Councils.” Section 3 prescribed the constitution
of a Bar Council for every High Court. Section 8 pertained to the
admission and enrolment of Advocates. It authorized the High Courts
to prepare and maintain a roll of advocates. Section 9 empowered
the Bar Councils to make rules regulating the admission of persons
to be advocates of the High Court including the charging of fees
payable to the Bar Councils in respect of enrolment. Thus, the
1926 Act empowered the Bar Councils to prescribe fees in respect
of enrolment. However, the 1926 Act did not substantially fulfil the
demands of the Indian legal practitioners for an all-India Bar. In 1951,
the Government set up the All-India Bar Committee to inquire into
this issue and provide a feasible legal solution.
16. The Committee recommended setting up of the SBCs and an All-
India Bar Council, uniform minimum qualification for admission to
the roll of Advocates, a common roll of Advocates maintained by the
respective SBCs, and permitting the enrolled advocates to practice
in any court in India, including the Supreme Court. The Committee’s
observations on the finances of the BCI and the SBCs are relevant:
“It is obvious that in order to carry on its duties the All-India
Bar Council and the State Bar Councils shall require funds.
At present the Advocates, at the time of their enrolment,
pay a certain amount ranging from Rs. 25/- to Rs. 100/-
which goes to the Bar Council besides Rs. 250/- to Rs.
1,125/- which goes to the State. Entrants to the professions
other than the legal profession are not required to pay
any amount to the State as and by way of admission fee.
Persons exercising any profession, calling or vocation
including Advocates in several places have to pay a licence
fee, but there is no reason why there should be a taxation

15 Ibid
16 “1926 Act”
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by the State at the time of enrolment of Advocates only.
The Committee suggests that an Advocate at the time
of his admission shall pay a sum of Rs. 500/- to the
State Bar Council to which he makes his application
and nothing should be payable to the State. This
amount may be paid in a lump sum or an Advocate
may elect to pay annual amounts of Rs. 50/- with an
option to pay Rs. 500/- at any time, amounts already
paid not being deducted. Those Vakils and Pleaders
who according to the recommendations of the Committee
become eligible to be enrolled as Advocates may pay Rs.
500/- in lump sum or an annual amount of Rs. 50/- with
the option mentioned above. Each State Bar Council shall
for the first five years contribute 40% of the enrolment fees
received by it to the All-India Bar Council. At the end of
the first 5 years the proportion of the contribution may be
reconsidered.”17
(emphasis added)
17. The Committee was aware of the fact that the SBCs will require funds
to carry out their functions and duties. Consequently, the Committee
recommended that an advocate should pay an enrolment fee of
Rupees five hundred to the SBCs “at the time of his admission”. The
Committee suggested that this amount could either be paid as a lump
sum or on a yearly instalment basis. In 1958, the Law Commission
of India observed that the amount of Rupees five hundred proposed
by the All-India Bar Committee was excessive. It instead suggested
an enrolment fee of Rupees one hundred twenty-five.18
18. In 1959, the Legal Practitioners Bill 1959 was introduced in
Parliament. The Bill was referred to a Joint Committee of Parliament

17 All-India Bar Committee (supra) 40
18 Law Commission of India, Fourteenth Report, Reform of Judicial Administration 1958 (Volume 1) 575.
[It observed: “It appears to us that the amount of Rs. 500 proposed by the Committee is excessive. At
present various State bar Councils are receiving payments which range from Rs. 50 to Rs. 100 from
each entrant to the profession and so far we have been able to ascertain, not only are the amounts
received sufficient to finance their activities but some of these Councils have accumulated out of these
and other receipts substantial amounts which have been invested by them. The creation of the All India
Bar Council envisaged by the Bar Committee will no doubt involve substantial additional expenditure.
Considering all aspects of the matter, we suggest that an enrolment fee of Rs 125 may be charged by
the State Bar Council from each entrant out of which Rs. 25 may be paid by the State Bar Council to the
All India Bar Council.”]
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which submitted its recommendations in 1960. The Joint Committee
recommended renaming the proposed enactment as the Advocates
Act because there would only be one class of legal practitioners
in India, that is, advocates. Importantly, the Joint Committee
recommended reducing the proposed enrolment fee from Rupees five
hundred to Rupees two-hundred and fifty. The aim behind reducing
the enrollment fee was “to bring in as many eligible lawyers within
its [the legislation’s] fold as possible.”19
19. The recommendation of the Joint Committee was accepted by
Parliament and incorporated under Section 24(1)(f). During the
Parliamentary debates preceding the passage of the Advocates Act,
many members suggested that the enrolment fee of Rupees two-
hundred fifty was exorbitant.20 It was suggested that the enrolment
fee should be further reduced or abolished altogether.21 The then
Minister of Law (Mr A K Sen) justified the rationale for prescribing
Rupees two hundred fifty as enrolment fee thus:
“So far the Bar Council is concerned, a fee of Rs. 250 is
not very unreasonable especially having regard to the fact
that when we are setting up an autonomous body, we must
give it enough funds to make it effective and useful. If it
is to discharge all the functions given to it under this
statute, then it requires funds and therefore Rs. 250
per entrant is not too much of a fee to pay when the
Bar Council is going to function in so many different
ways.”22
(emphasis added)
The statement of the Law Minister indicates that the enrolment fee
was meant to allow the SBCs to effectively discharge “all functions”
under the Advocates Act.

19 The Legal Practitioners Bill 1959, Report of the Joint Committee (28 March 1960) xiii. (Raghubir Sahai
and Khuswant Rai, the members of the Joint Committee noted: “The Constitution of an All India Bar was
demand of the country since long and this Bill has been brought forward to meet it. Its aim would be
to bring in as many eligible lawyers within its fold as possible. That is why the enrolment fee has been
reduced from Rs. 500/- originally proposed in the Bill to Rs. 250/-. It would have been much better if this
could be reduced to Rs. 125/- as suggested by the Law Commission and the stamp duty would have
been done away with altogether.”)
20 Shri Shankaraiya, Legal Practitioners Bill, Lok Sabha (27 April 1961) 14162
21 Legal Practitioners Bill, Lok Sabha (27 April 1961) 14164
22 Rajya Sabha, Advocates Bill 1961 (4 May 1961) 2125.
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20. In 1973, the enrolment fee payable by the members of the Scheduled
Castes and Scheduled Tribes was reduced to Rupees one hundred
twenty-five. Subsequently, Section 24(1)(f) was amended in 1993
to revise the fees payable by general candidates from Rupees two
hundred fifty to Rupees seven hundred fifty, without increasing the
fees payable by candidates belonging to the SC and ST category.
The enrolment fees were increased given the representations made
by the Bar Councils.23 This indicates that Parliament is aware and
responsive to the financial problems faced by the Bar Councils.24
ii. Advocates Act: A Complete Code
21. In O N Mohindroo v. Bar Council of Delhi,25 a Constitution Bench
held that the Advocates Act was enacted by Parliament under the
legislative field of Entries 7726 and 7827 of List I. It was observed that
the object of the Advocates Act is to constitute one common Bar for
the whole of the country and to provide machinery for its regulated
functioning. It was further observed that the expression “persons
entitled to practice” under Entries 77 and 78 of List I includes within
its scope the determination or prescription of qualifications and
conditions entitling a person to practice as an advocate before the
Supreme Court or the High Courts.28
22. In Bar Council of U P v. State of U P,29 the issue before a three-
Judge Bench was whether the State legislature could impose stamp
duty on the certificate of enrolment issued by the SBCs. It was held
that the enrolment fee payable under Section 24(1)(f) is covered by
Entry 96 in List I. Concerning the imposition of stamp duty, it was

23 Shri H R Bhardwaj, Minister of State in the Ministry of Law, Justice and Company Affairs, Lok Sabha
(26 November 1992) 451. [The minister stated: “The Bar Council of India and the State Bar Councils
represented that the expenses involved in the administration of the Bar Council of India and the State Bar
Councils are growing every year and that it has become necessary to revise the enrolment fee upwards
from Rs. 250/- to Rs. 750/- without disturbing the fee payable in case of persons belonging to Scheduled
Castes and Scheduled Tribes.”]
24 Bar Council of Maharashtra v. Union of India, 2002 SCC OnLine Bom 251 [3] :
25 [1968] 2 SCR 709 : 1968 SCC OnLine SC 3
26 Entry 77, List I, Seventh Schedule, Constitution of India. [It reads: 77. Constitution, organization,
jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken
therein; persons entitled to practice before the Supreme Court”]
27 Entry 78, List I, Seventh Schedule, Constitution of India. [It reads: 78. Constitution and organization
(including vacations) of the High Court except provisions as to officers and servants of High Court;
persons entitled to practice before High Courts.]
28 O N Mohindroo (supra) [9]; Bar Council of U P v. State of U P (1973) 1 SCC 261 [11]
29 [1973] 2 SCR 1073 : (1973) 1 SCC 261
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held that stamp duty payable on the certificate of enrolment cannot be
regarded as a condition prescribed for enrolment because it pertains
to the domain of taxation.30 It was held that the State Legislature
was competent to levy stamp duty under Entry 44 of List III of the
Seventh Schedule.
23. The Advocates Act was enacted to implement the recommendations
of the All-India Bar Committee. According to the Statement of Objects
and Reasons, the main features of the enactment are:
(i) establishment of an All-India Bar Council and a common roll of
advocates, and advocates on the common roll having a right
to practice in any part of the country and any Court, including
the Supreme Court;
(ii) integration of the bar into a single class of legal practitioners
known as advocates;
(iii) prescription of a uniform qualification for the admission of
persons to be advocates;
(iv) division of advocates into senior advocates and other advocates
based on merit; and
(v) creation of autonomous Bar Councils, one for the whole of India
and one for each State.
24. The 1926 Act did not prescribe any qualifications to be possessed
by persons applying for admission as advocates. Under the 1926
Act, the Bar Councils prescribed qualifications, but the enrollment
was carried out by the High Courts. Under the Advocates Act, the
enrolment process is completely undertaken by the SBCs. The SBCs
are mandated to maintain and prepare a State roll and admit persons
as advocates on the roll if they fulfil the statutory prescriptions, along
with any other qualifications laid down by the SBCs. Section 24(1) of
the Advocates Act statutorily engrafts the minimum qualifications to be
possessed by advocates seeking enrolment. The provision specifies
the qualifications to be possessed by persons to be admitted as an
advocate on a State roll. Additionally, the SBCs can also specify
other conditions by rules.

30 Bar Council of U P (supra) [14]
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25. Section 24A provides that no person shall be admitted on a State
roll if he is: (i) convicted of an offence involving moral turpitude; (ii)
convicted of an offence under the provisions of the Untouchability
(Offences) Act 1955; and (iii) dismissed or removed from employment
or office under State on any charge involving moral turpitude. Section
25 provides that an application for admission as an advocate shall
be made to the SBC within whose jurisdiction the applicant proposes
to practice. Section 26 mandates the SBCs to refer every application
for admission to their enrolment committee for decision. The SBCs
are also empowered to remove the names of advocates from the
State roll.31 Section 28 empowers the SBCs to make rules for the
admission and enrolment of advocates.
26. The provisions of the Advocates Act indicate that it provides a
complete machinery32 to deal with the admission and enrolment of
advocates. The SBCs are vested with sufficient powers to ensure
effectual and complete implementation of the enactment. In Dr
Haniraj L Chulani v. Bar Council of Maharashtra and Goa, this
Court held that the Advocates Act provides a complete code for
regulating the legal education and professional qualifications of an
aspirant seeking entry into the legal profession.33
iii. Delegated legislation
27. The basic principle underlying the concept of delegated legislation
is that the legislature cannot directly exert its will in every detail.34
It lays down the legislative policy and delegates the subsidiary
or ancillary powers to the delegated or subordinate authorities to
carry out the legislative policy.35 It is now a settled legal principle
that the legislature cannot abdicate essential legislative functions
to the delegated authority.36 The legislature can entrust subsidiary
or ancillary legislation to the delegate. Before such delegation, the
legislature should enunciate the policy and the principles for the

31 Section 26A, Advocates Act
32 See Girnar Traders v. State of Maharashtra (2011) 3 SCC 1 [80]
33 (1996) 3 SCC 342 [17]
34 Mahachandra Prasad Singh (Dr.) v. Bihar Legislative Council (2004) 8 SCC 747 [13]
35 In re Delhi Laws Act 1912 (1951) SCC 568 [22]
36 Vasantlal Maganbhai Sanjanwala v. State of Bombay, 1960 SCC OnLine SC 27 [4]
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guidance of the delegated authority.37 As a corollary, the delegated
authority must carry out its rule-making functions within the framework
of the law. The delegated legislation must be consistent with the law
under which it is made and cannot go beyond the limits of policy
and standards laid down in the law.38
28. Although delegated legislation enjoys the presumption of
constitutionality, it does not enjoy the same immunity as the parent
legislation. It is now well-established39 that delegated legislation can
be challenged on the following grounds:
(i) lack of legislative competence to make delegated legislation;
(ii) violation of fundamental rights guaranteed under the Constitution;
(iii) violation of any provision of the Constitution;
(iv) failure to conform to the statute under which it is made or
exceeding the limits of authority conferred by the enabling Act;
(v) repugnance to any other enactment; and
(vi) manifest arbitrariness.
29. Modern legislation often contains provisions enabling the delegate of
the legislature to frame subordinate legislation. The statutory provision
for delegation is often couched in general terms empowering the
delegate the power to frame rules “to carry out the purposes of this
Act” or a particular segment of the statute contained in a Chapter.
The general provision is then followed by a provision enumerating
specific matters on which the delegate may frame rules. A similar
legislative scheme is reflected in Sections 15 and 28 of the Advocates
Act. Where a rule-making power is conferred upon the delegate in
general terms, a subsequent enumeration of matters on which the
delegate may frame rules is illustrative and does not limit the scope
of the general power.40 The enumerated matters in such a situation

37 Harishankar Bagla v. State of MP (1954) 1 SCC 978 [12]
38 Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills, Delhi, 1968 SCC OnLine SC
13 [13], [71]
39 Indian Express Newspapers (Bombay) (P) Ltd v. Union of India (1985) 1 SCC 641 [77]; State of Tamil
Nadu v. P Krishnamurthy (2006) 4 SCC 517 [15]
40 Azfal Ullah v. State of U P, 1963 SCC OnLine SC 76 [13]; Rohtak and Hissar Districts Electric Supply Co.
Ltd v. State of Uttar Pradesh, 1965 SCC OnLine SC 75 [18].
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provide guidelines for the delegated authority while framing rules in
exercise of the general power.41
iv. Power to levy fees
30. Article 265 of the Constitution stipulates that no tax shall be levied
or collected except by the authority of law. Article 366(28) defines
taxation or tax to include the imposition of a tax or impost, whether
general, local or special.
31. In CIT v. McDowell and Co. Ltd.,42 a three-Judge Bench of this
Court enunciated the principles for interpreting Article 265 read with
Article 366(28):
“21. “Tax”, “duty”, “cess” or “fee” constituting a class
denotes various kinds of imposts by State in its sovereign
power of taxation to raise revenue for the State. Within
the expression of each specie each expression denotes
different kinds of impost depending on the purpose for
which they are levied. This power can be exercised in any
of its manifestations only under any law authorising levy
and collection of tax as envisaged under Article 265 which
uses only the expression that no “tax” shall be levied and
collected except authorised by law. It in its elementary
meaning conveys that to support a tax legislative action is
essential, it cannot be levied and collected in the absence
of any legislative sanction by exercise of executive power
of State under Article 73 by the Union or Article 162 by
the State.
22. Under Article 366(28) “Taxation” has been defined
to include the imposition of any tax or impost whether
general or local or special and tax shall be construed
accordingly. “Impost” means compulsory levy. The well-
known and well-settled characteristic of “tax” in its wider
sense includes all imposts. Imposts in the context have
following characteristics:

41 D K Trivedi and Sons v. State of Gujarat, 1986 Supp SCC 20 [33]
42 [2009] 8 SCR 983 : (2009) 10 SCC 755
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(i) The power to tax is an incident of sovereignty.
(ii) “Law” in the context of Article 265 means an Act of
legislature and cannot comprise an executive order or
rule without express statutory authority.
(iii) The term “tax” under Article 265 read with Article
366(28) includes imposts of every kind viz. tax, duty, cess
or fees.
(iv) As an incident of sovereignty and in the nature of
compulsory exaction, a liability founded on principle of
contract cannot be a “tax” in its technical sense as an
impost, general, local or special.”
32. The Seventh Schedule to the Constitution differentiates between
taxing entries and general entries. Subjects pertaining to the levy of
taxes must be traced to specific taxing entries enumerated in either
List I or List II.43 In addition, Parliament has the residuary power
under Article 248 read with Entry 97 of List I to legislate on matters
not enumerated in List II or List III, including on matters of taxation.
The power of the legislature to levy fees is dealt with under separate
heads: (i) Entry 96 of List I empowers Parliament to levy fees in
respect of any matters in List I; (ii) Entry 66 of List II empowers
the State legislatures to levy fees in respect of any matters in List
II; and (iii) Entry 47 of List III empowers both Parliament and the
State legislatures (subject to Article 254) to levy fees for any matter
enumerated in List III. Parliament has prescribed an enrolment fee
under Section 24(1)(f) of the Advocates Act under Entry 96 of List I.
33. The legislature can delegate its power to levy fees.44 Since a fee
is an impost and a compulsory exaction of money, the power of a
delegate to levy fees must flow from the express authority of law.
In Ahmedabad Urban Development Authority v. Sharadkumar
Jayantikumar Pasawalla45 this Court observed:
“7. […] In our view, such power of imposition of tax and/or
fee by delegated authority must be very specific and there
is no scope for implied authority for imposition of such tax

43 M P V Sundararamier & Co. v. State of Andhra Pradesh, 1958 SCC OnLine SC 22
44 Kandivali Coop. Industrial Estate v. Municipal Corporation of Greater Mumbai (2015) 11 SCC 161 [25]
45 [1992] 3 SCR 328 : (1992) 3 SCC 285 [7]
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or fee. It appears to us that the delegated authority must
act strictly within the parameters of the authority delegated
to it under the Act and it will not be proper to bring the
theory of implied intent or the concept of incidental and
ancillary power in the matter of exercise of fiscal power.”
34. The principles that flow from the above discussion are: (i) a fee is an
impost in terms of Article 366(28); (ii) the expression “tax” occurring
in Article 265 means all imposts, including fees and therefore any
fee must be levied by the authority of a valid law; (iii) fees being
a compulsory exaction of money, the power to levy fees cannot be
implied; (iv) delegation of the power to levy fees to a delegate of
the legislature should be specifically provided for under the parent
legislation; and (v) the delegate must strictly act within the parameters
of the legislative policy laid down by the parent legislation when
levying fees and taxes.
v. Regulatory fees
35. Article 110 of the Constitution, though in a different context, recognizes
that fees imposed under the authority of law may include (i) fees
for licences; and (ii) fees for service.46 In Commissioner, Hindu
Religious Endowments, Madras v. Sri Lakshmindra Thirtha
Swamiar of Sri Shirur Mutt,47 a Constitution Bench explained the
concept of licence fees thus:
“47. […] In the first class of cases, the Government
simply grants a permission or privilege to a person to
do something, which otherwise that person would not
be competent to do and extracts fees either heavy or
moderate from that person in return for the privilege that is
conferred. A most common illustration of this type of cases
is furnished by the licence fees for motor vehicles. Here
the costs incurred by the Government in maintaining an

46 Article 110(2), Constitution of India. [It reads:
“110. Definition of “Money Bills”-
[…]
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of
any tax by any local authority or body for local purposes.”]
47 [1954] 1 SCR 1005 : (1954) 1 SCC 412
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office or bureau for the granting of licences may be very
small and the amount of imposition that is levied is based
really not upon the costs incurred by the Government
but upon the benefit that the individual receives. In such
cases, according to all the writers on public finance, the
tax element is predominant, and if the money paid by the
licence-holders goes for the upkeep of roads and other
matters of general public utility, the licence fee cannot but
be regarded as a tax”
In Shirur Mutt (supra), it was held that a fee is money taken by the
Government “as the return for the work done or services rendered.”48
Therefore, a fee was characterised by an element of quid pro quo
between the payer and the public authority.
36. In a series of subsequent decisions, this Court held that a levy can
be regarded as a fee if it has a “reasonable relationship” with services
rendered by the public authority.49 The traditional view that there must
be an actual quid pro quo for a fee has not been applied in the strict
sense in subsequent decisions of this Court. It has been held that
the relationship between the levy of a fee and services rendered is
one of general character and not of mathematical exactitude.50
37. In Corporation of Calcutta v. Liberty Cinema,51 a Constitution Bench
observed that licence fees are not necessarily charged in return for
services rendered. This Court referred to a Privy Council decision52
which inter alia held that licence fees could be charged to defray
the costs of administering the local regulations. In Secunderabad
Hyderabad Hotel Owners’ Association v. Hyderabad Municipal

48 Shirur Mutt (supra) [48]
49 H H Sudhindra Thirtha Swamiar v. Commissioner for Hindu Religious and Charitable Endowments,
[1963] Supp. 2 SCR 302 [18]. [It was observed: “18. […] A levy in the nature of a fee does no cease to
be of that character merely because there is an element of compulsion or coerciveness present in it, not
is it a postulate of a fee that it must have direct relation to the actual services rendered by the authority
to each individual who obtains the benefit of service. If with a view to provide a specific service, levy is
imposed by law and expenses for maintaining the service are met out of the amounts collected there
being a reasonable relation between the levy and the expenses incurred for rendering the service, the
levy would be in the nature of a fee and not in the nature of a tax.”]; Indian Mica Micanite Industries v.
State of Bihar (1971) 2 SCC 236 [15].
50 Kewal Krishan Puri v. State of Punjab (1980) 1 SCC 416 [23]; Sreenivasa General Traders v. State of A
P (1983) 4 SCC 353 [31].
51 [1965] 2 SCR 477 : 1964 SCC OnLine SC 65 [8]
52 George Walkem Shannon v. Lower Mainland Dairy Products Board, 1938 AC 708.
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Corporation,53 this Court observed that licence fees could broadly
be classified as either regulatory or compensatory. It was observed
that licence fees are regulatory when the activities for which a licence
is given are required to be regulated or controlled. It was further
held that the fees charged for regulation of activities could be validly
classified as fees although no service is rendered. A regulatory fee
such as a licence fee enables authorities to supervise, regulate, and
monitor the activity related to which the licence has been issued and
to secure proper enforcement of the legal provisions.54
38. The principle which follows from the above discussion is that the
State grants a licence to regulate a particular trade, business, or
profession.55 These regulatory activities entail a duty on behalf of
the State or its instrumentalities to supervise, regulate, and monitor
that particular trade, business, or profession. Because such activities
require the State to expend public resources, the State can charge
licence fees to defray the administrative costs. The enrolment fee
stipulated by Section 24(1)(f) of Advocates Act meets the characteristic
of a regulatory fee.
39. Having encapsulated the broad gist of the historical and legal context,
we now deal with the issues arising in these petitions.
E. Fees charged by the SBCs
40. Presently, the SBCs charge different fees from advocates at the time
of enrolment. Most SBCs charge an enrolment fee in addition to other
miscellaneous fees. For instance, the Bar Council of Maharashtra
and Goa is charging library fees, certificate fees, administration
fees, identity card fees, training fees, and welfare fund contributions.
Resultantly, the enrolment fee and the other fees charged by the
SBC amounts to Rupees fifteen thousand for general candidates
and Rupees fourteen thousand five hundred for candidates from
SC and ST category.
41. The Bar Council of Odisha is charging Rupees forty-two thousand
one hundred from advocates at the time of enrolment. In their
counter affidavit, the SBC concedes the fact that Section 24(1)(f)

53 [1999] 1 SCR 143 : (1999) 2 SCC 274 [9]
54 Vam Organic Chemicals Ltd v. State of U P (1997) 2 SCC 715 [18]; A P Paper Mills Ltd. v. Government
of A P (2000) 8 SCC 167 [24].
55 Indian Mica Micanite Industries v. State of Bihar (1971) 2 SCC 236 [14]
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only mandates the SBCs to charge Rupees seven hundred fifty in
total at the time of enrolment. However, the SBC sought to justify
charging the enhanced enrolment fee and other fees from the
advocates “having regard to the functions of the Odisha Bar Council”
under the Advocates Act. The SBC further claims that in line with
its functions under Section 6, it has created various welfare funds
for the benefit of advocates on its roll and utilizes the contributions
received from the fees towards this end. Resultantly, the SBC is
charging Rupees twenty-six thousand nine hundred as a one-time
deposit to enable an advocate to avail of a lifetime benefit of various
welfare schemes. This amount is in addition to the enrolment fee
of Rupees six thousand, processing/ development fees of Rupees
seven thousand, and other miscellaneous charges. The SBC justified
charging Rupees six thousand as the enrolment fee on the basis of
a BCI resolution dated 26 June 2013. The BCI resolution reads thus:
“The council is of the unanimous view that the enrolment
fee fixed earlier is too less amount and it has never been
revised after the year of 1961. The council resolves that
the enrolment fee per candidate will be Rs 6000 and for
SC/ST Candidates, it should be Rs 3000. This provision
is applicable throughout the country and out of this as
per the provisions of the Act, 20% amount is to be sent
to the Bar Council of India by all the State Bar Councils.
These rules will come into effect the day it is published
in the Gazette of India. Soon after the publication the
office is directed to communicate this resolution to all the
State Bar Councils and all the Bar Associations of the
country. It is made clear that this resolution is confined
to the enrolment fee only and the other charges fixed or
prescribed by the different State Bar Councils would be
applicable as of their own suitability.”56
In view of the above resolution, the BCI directed all the SBCs to
charge the revised enrolment fee.57
42. All the SBCs justify charging the miscellaneous fees for the following
reasons: (i) the miscellaneous fees are one-time fees paid by the

56 Resolution No. 32 of 2013, Gazette Notification dated 28 June 2013.
57 BCI. D 7114/2016(C1) dated 22 December 2016
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advocates to the Bar Councils; (ii) the fees are charged as a one-time
lump sum because advocates do not pay the fees periodically after
their enrolment; (iii) the SBCs do not get any financial assistance
from the Government and have to sustain their operations, including
payment of salaries to their employees, from the amount collected
by way of enrolment fee and miscellaneous fees; and (iv) the lump
sum fees are intended to defray the expenditure incurred by each
SBC while discharging myriad statutory functions including continuing
legal education and welfare schemes for advocates.
43. The Bar Council of Manipur has stated that it meets all its expenses
including the staff salary and office maintenance from the enrolment
fees. The SBC charges Rupees sixteen thousand six hundred fifty as
enrolment fees from general candidates. Out of this, nine thousand
five hundred is allowed to be used for office expenses while the
balance is deposited into other accounts and used for specified
purposes. According to the SBC, the average annual enrolment in
Manipur is of a hundred advocates. Therefore, the total enrolment
fee collected by the SBC is Rupees nine lakh fifty thousand against
the overall annual expense of Rupees nine lakh.
44. The legal profession is a serious occupation and requires advocates
to maintain exemplary conduct both inside and outside the court.58
The SBCs and the BCI perform the important function of regulating
and maintaining the standards of conduct required from advocates.
The Bar Councils conduct activities related to providing advocates
knowledge about the substantive and procedural aspects of law. Many
SBCs have published books and manuals and assisted members
of the legal profession in acquiring the practical skills required for
the successful pursuit of a career as an advocate. The Bar Councils
conduct welfare schemes for advocates. During the period of the
Covid pandemic and even at other times, the Bar Councils have
stepped in to provide relief to advocates and their families. In doing
so many Bar Councils have provided significant aid to advocates.
The enrolment fee and other miscellaneous fees are the only source
of income available to the SBCs to perform their functions under
the Advocates Act and implement welfare schemes for advocates.

58 In Re Sanjiv Dutta, Deputy Secretary, Ministry of Information and Broadcasting (1995) 3 SCC 619 [20];
Ajitsinh Arjunsinh Gohil v. Bar Council of Gujarat (2017) 5 SCC 465 [39]
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However, the imposition of the enrolment fee and other miscellaneous
fees by the SBCs must be consistent with the Constitution and the
scheme of the Advocates Act.
F. SBCs cannot charge enrolment fees beyond the mandate
of Section 24(1)(f)
i. Legislative Scheme
45. Parliament has enacted the Advocates Act under Article 246 read
with Entries 77 and 78 of List I to deal with legal practitioners and
their qualifications, enrolment, right to practice, and discipline. The
Advocates Act establishes the SBCs and the BCI to create a common
all-India bar. The SBCs have been entrusted with the function of
admitting persons as advocates on the State roll. Persons who are
admitted on the roll are entitled to the right to practice in all courts,
tribunals, or authority throughout the territory of India.59
46. Sections 15 and 28 of the Advocates Act vests a rule-making power
in the SBCs. The rule-making power under Section 15 is available
to both the SBCs and the BCI. Section 15(1) specifies that a Bar
Council “may make rules to carry out the purposes of this Chapter.”
A Bar Council can make rules providing for the election of members,
Chairman and Vice-Chairman, filing of casual vacancies, constitution
of one or more funds to give financial assistance or legal aid or
advice, organization of legal aid, etc. Section 15(3) provides that
no rule made by the SBCs shall have effect unless it is approved
by the BCI. Thus, the scope of the rule-making powers of the SBCs
and the BCI under Section 15 pertains to the subjects in Chapter
II. Other than Section 15, Chapter II comprises of Sections 3 to 14:
(a) Section 3 provides for establishment of the SBCs;
(b) Section 4 establishes the BCI;
(c) Section 5 provides that every Bar Council should be a body
corporate;
(d) Section 6 lays down the functions of the SBCs;
(e) Section 7 lays down the functions of the BCI;

59 Section 30, Advocates Act
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(f) Section 7A pertains to membership in international bodies;
(g) Section 8 specifies terms of office of the members of the SBCs;
(h) Section 8A talks about constitution of a special committee in
the absence of an election;
(i) Section 9 deals with disciplinary committees;
(j) Section 9A talks about constitution of legal aid committees;
(k) Section 10 provides for constitution of committees other than
disciplinary committees;
(l) Section 10A pertains to transaction of business by Bar Councils
and committees;
(m) Section 11 allows Bar Councils to appoint staff;
(n) Section 12 mandates Bar Councils to maintain books of account
for audit;
(o) Section 13 provides that vacancies in Bar Councils cannot be a
ground to challenge the validity of acts done by a Bar Council; and
(p) Section 14 pertains to challenges to elections to Bar Councils.
47. Chapter II establishes Bar Councils and delineates their functions
and responsibilities. The provisions of the Chapter II also empower
Bar Councils to constitute disciplinary and other committees and
appoint qualified staff. The rule-making powers granted to Bar
Councils under Section 15 are regulatory powers and must be
construed widely60 because they support the objective of regulation
of the legal profession.
48. In Pratap Chandra Mehta v. State Bar Council of MP,61 a two-
Judge Bench of this Court observed that the power of Bar Councils
to frame rules must be interpreted broadly:
“51. The power to frame rules has to be given wider scope,
rather than a restrictive approach so as to render the
legislative object achievable. The functions to be performed
by the Bar Councils and the manner in which these functions

60 Gupta Modern Breweries v. State of Jammu and Kashmir (2007) 6 SCC 317 [20]
61 [2011] 11 SCR 965 : (2011) 9 SCC 573
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are to be performed suggest that democratic standards
both in the election process and in performance of all its
functions and standards of professional conduct need to
be adhered to. In other words, the interpretation furthering
the object and purposes of the Act has to be preferred in
comparison to an interpretation which would frustrate the
same and endanger the democratic principles guiding the
governance and conduct of the State Bar Councils.”
49. The SBCs have broad powers under Section 15 to give effect to the
provisions of Chapter II. Although the rule-making power under Section
15 is broad, it is confined to the subject matters of Chapter II. In Bar
Council of Delhi v. Surjeet Singh,62 the issue before a three-Judge
Bench was whether the Bar Council of Delhi could frame election
rules prescribing qualifications and conditions entitling an advocate
to vote at Bar Council elections. It was held that the SBCs cannot
use the rule-making power under Section 15 to override the specific
provisions of the Advocates Act. This Court observed that Sections
3(4) and 49(1)(a) empowered the BCI to prescribe qualifications or
conditions subject to which an advocate may be entitled to vote at
an election to the SBCs. Resultantly, it was held that Section 15(1)
cannot be interpreted to confer rule-making powers on the SBCs
which are expressly provided to the BCI.63
50. In Surjeet Singh (supra), it was argued that the election rules of
the Bar Council of Delhi were valid because they were approved by
the BCI according to Section 15(3). It was further argued that the
approval provided by the BCI had the effect of making it a rule made
by the BCI itself. Speaking for the three-Judge Bench, Justice N L
Untwalia held that there is a difference between making a rule and
granting approval to a rule:
“8. […] Any rule made by the State Bar Council cannot
have effect unless it is approved by the Bar Council of
India. But the approval of the Bar Council of India can
make the rule made by the State Bar Council valid and
effective only if the rule made is within the competence
of the State Bar Council, otherwise not. Mere approval

62 [1980] 3 SCR 946 : (1980) 4 SCC 211
63 Reiterated in Bar Council of Maharashtra and Goa v. Manubhai Paragji Vashi (2012) 1 SCC 314 [16]
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by the Bar Council of India to a rule ultra vires the State
Bar Council cannot make the rule valid. Nor has it the
effect of a rule made by the Bar Council of India. Making
a rule by the Bar Council of India and giving approval to
a rule made by the State Bar Council are two distinct and
different things. One cannot take the place of the other.”
51. We can derive the following principles concerning the rule-making
power of the SBCs under Section 15: (i) the SBCs can exercise rule-
making powers only for the subject matters specified under Chapter
II; (ii) although the SBCs have a broad rule-making power, it must
be exercised to further the object and purpose of the Advocates Act;
(iii) the SBCs cannot use their rule-making power under Section 15
with respect to subject matters on which the BCI has been granted
exclusive power to make rules under the Advocates Act; and (iv)
approval by the BCI to an invalid rule made by the SBCs cannot be
deemed to validate the invalid rule.
52. The scope of the rule-making power of Bar Councils under Section
15 pertains to carrying “out the purposes of” Chapter II. As mentioned
above, the purposes of Chapter II can be determined from Sections 3
to 14. Therefore, the scope of the rule-making power of Bar Councils
under Section 15 extends to give effect to the provisions of Chapter
II, namely, Sections 3 to 14.
53. Chapter III pertains to the admission and enrolment of advocates.
As discussed in the earlier segment of this judgment, the Advocates
Act is a complete code for admission of advocates on the State
roll. Section 28 empowers the SBCs to make rules to carry out the
purposes of Chapter III. According to Section 28(2), the SBCs can
make rules providing for the:
(a) time within which and form in which an advocate shall express
an intention for the entry of their name in the State roll under
Section 20;
(b) form in which an application shall be made to the SBCs for
admission as an advocate and how such application shall be
disposed of by the enrolment committee of the SBCs;
(c) conditions subject to which a person may be admitted as an
advocate; and
(d) instalments in which the enrolment fee may be paid.
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54. The admission of persons as advocates on the State roll is within
the exclusive domain of the SBCs.64 The Advocates Act vests rule-
making power under Section 28 with the SBCs, who are the chosen
representatives of legal practitioners, to regulate and control the
admission of people to the legal profession. In Dr. Haniraj L Chulani
(supra), the issue before a three-Judge Bench was whether an SBC
can refuse admission as an advocate to a medical practitioner who
does not want to give up their medical practice. This Court held that
the rule-making power conferred on the SBCs to lay down further
conditions for controlling the entry to the legal profession is not
unfettered.65 It was held that the rule-making power of the SBCs draws
sustenance from the guidelines laid down by the Advocates Act. It
was further observed that the “[r]ule-making power conferred on the
SBCs is inherently hedged in with the obligation to frame only such
rules regarding enrolment which would fructify the purpose of having
efficient members of the Bar who can stand up to the expectation of
the noble and learned profession to which they are to be given entry.”
Given the above reasoning, it was held that the rule enacted by the
SBC barring a medical practitioner from simultaneously practicing
law was valid.
55. Section 24 lays down the eligibility qualifications for a person who
seeks admission as an advocate on the State roll. Section 24(1)(e)
provides that such a person must also fulfil “such other conditions as
may be specified in the rules made by the State Bar Council under
this Chapter.” The use of the expression “other conditions” indicates
that the SBCs can prescribe conditions and qualifications in addition
to what has already been prescribed statutorily under Section 24(1).
Section 24(1) lays down requirements such as citizenship, age, and
educational efficiency that make a person eligible to be admitted on a
State roll. These minimum qualifications enable a person to effectively
perform their responsibilities as legal professionals. In addition, the
BCI can also prescribe “such other conditions” in addition to the
qualifications already prescribed under Section 24(1). Generally, a
condition is a qualification, restriction, or limitation.66 However, the
“conditions” to be imposed by the SBCs should be consistent with

64 Indian Council of Legal Aid and Advice v. Bar Council of India (1995) 1 SCC 732 [11]
65 Dr. Haniraj L Chulani (supra) [18]
66 Union of India v. Rajdhani Grains & Jaggery Exchange Ltd (1975) 1 SCC 676 [13]
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the qualifications already prescribed by the statute. The BCI cannot
prescribe any conditions or qualifications that: (i) seek to modify what
has already been prescribed by the statute; (ii) are contrary to the
stipulated qualifications; and (iii) are inconsistent with the object and
purpose of the Advocates Act.
56. Section 24(1)(e) has to be read conjointly with Section 28(1)(d) which
empowers the SBCs to make rules prescribing “the conditions subject
to which a person may be admitted as an advocate on any such
roll.” Since Section 24(1) already prescribes the basic substantive
qualifications, the SBCs are empowered under Section 24(1)(e) read
with Section 28(1)(d) to make rules concerning other conditions not
already prescribed under Section 24(1).
57. Section 49 pertains to the general power of the BCI to make rules.
It provides that the BCI may make rules for discharging its functions
under the Advocates Act. The BCI may prescribe rules providing
for the conditions subject to which an advocate may be entitled
to vote at Bar Council elections, qualifications for membership of
Bar Councils and disqualification for such membership, minimum
qualifications required for admission to a course for a degree in
law in any recognised university, etc. Importantly, Section 49(1)(h)
empowers the BCI to make rules prescribing the fees which may be
levied in respect of any matter under the Advocates Act. Pursuant to
this, the BCI has prescribed fees under Part VIII of the BCI Rules. It
mandates the SBCs to levy fees not exceeding the limits prescribed
under Part VIII. The BCI has prescribed fees for varied purposes
including petitions challenging the election of one or more members
of the SBCs, complaints of professional misconduct under Section
35, certificates as to the date of enrolment and the continuance of
the name of the advocate on the roll. The above legislative scheme
suggests that the SBCs and the BCI act as the delegates of Parliament
under the Advocates Act.
ii. Bar Councils cannot levy fees beyond the express
stipulation of law
58. While acting as a delegate of Parliament, the SBCs and the BCI can
frame rules under the Advocates Act. However, any rule enacted
by the SBCs is only ancillary and cannot be so exercised to bring
into existence substantive rights, obligations or disabilities not
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contemplated by the provisions of the parent enactment.67 Further,
the rules must align with the object and purpose of the Advocates
Act, namely, the creation of a common bar and regulation of legal
practitioners and their qualifications, enrolment, right to practice,
and discipline.
59. A legislation can confer the power to make subordinate legislation
upon a delegate. In conferring such powers, the legislation has
to specifically law down the policy, principles, and standards that
will guide the subordinate authority.68 The legislative policy can be
determined from the preamble and the provisions of an enactment.69
The delegate derives its legislative powers from the parent statute.
Unlike the legislature, which has sovereign legislative powers derived
from the Constitution, the delegated authority is conferred powers
by the parent enactment. Therefore, delegated authority must strictly
conform to the provisions of the statute under which it is framed.70 A
delegate cannot alter or change the legislative policy.71 A delegate
cannot override the provisions of the parent enactment either by
exceeding the legislative policy or making provisions inconsistent
with the enactment.72
60. In Agricultural Market Committee v. Shalimar Chemical Works
Ltd.,73 the Andhra Pradesh (Agricultural Produce and Livestock)
Markets Act 1966 allowed the market committee to levy market fees
on all transactions of purchase and sale provided the transactions
took place within the notified market area. Section 12 created a legal
fiction by providing that if any notified agricultural produce, livestock,
or products of livestock is taken out of a notified market area, it shall
be presumed to have been purchased or sold within such area. The
market committee framed bylaws providing that the notified agricultural
produce, livestock or products of livestock shall be deemed to have
been purchased or sold after the notified commodity has been

67 Kunj Behari Lal Butail v. State of H P (2000) 3 SCC 40 [14]
68 Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. v. CST (1974) 4 SCC 98 [12]
69 Harishankar Bagla v. State of Madhya Pradesh (1954) 1 SCC 978 [12]
70 Indian Express Newspapers (Bombay) (P) Ltd v. Union of India (1985) 1 SCC 641 [75]; General Officer
Commanding-in-Chief v. Subhash Chandra Yadav (1988) 2 SCC 352 [14].
71 Rajnarain Singh v. Patna Administration Committee (1954) 2 SCC 82 [32]
72 Avinder Singh v. State of Punjab (1979) 1 SCC 137 [18]; J K Industries Ltd. v. Union of India (2007) 13
SCC 673 [133]
73 [1997] Supp. 1 SCR 164 : (1997) 5 SCC 516
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weighed, measured, counted or when it is taken out of the notified
market area. Thus, the bylaws introduced additional circumstances
to the legal fiction contemplated under Section 12.
61. A two-Judge Bench of this Court identified the following relevant
principles in matters of delegated legislation:
“26. […] the delegate which has been authorized to make
subsidiary rules and regulations has to work within the
scope of its authority and cannot widen or constrict the
scope of the Act or the policy laid down thereunder. It
cannot, in the garb of making rules, legislate on the field
covered by the Act and has to restrict itself to the mode
of implementation of the policy and purpose of the Act.”
Given the above principle, it was observed that Section 12 is a fiscal
provision and had to be construed strictly. It was further observed
that any circumstance, situation, factor, or condition which was not
contemplated by the Act could not be taken into consideration to
raise the presumption regarding sale or purchase of the notified
agricultural produce. It was held that the bylaw introduced additional
factors such as ‘weighed’, ‘measured’, and ‘counted’ which were not
contemplated under Section 12. Therefore, the bylaws were held
to be ultra vires for widening the scope of the presumption under
Section 12.
62. In Assam Co. Ltd. v. State of Assam,74 the State Government
framed a rule empowering the State authorities to reexamine the
computation of agricultural income made by the Central officers. It
was contended that this rule was beyond the power delegated under
the Assam Agricultural Income Tax Act. A three-Judge Bench of this
Court observed:
“10. […] It is an established principle that the power to
make rules under an Act is derived from the enabling
provision found in such Act. Therefore, it is fundamental
that a delegate on whom such power is conferred has to
act within the limits of the authority conferred by the Act
and it cannot enlarge the scope of the Act. A delegate
cannot override the Act either by exceeding the authority

74 [2001] 2 SCR 515 : (2001) 4 SCC 202
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or by making a provision that is inconsistent with the Act.
Any rule made in exercise of such delegated power has
to be in consonance with the provisions of the Act, and if
the rule goes beyond what the Act contemplates, the rule
becomes in excess of the power delegated under the Act,
and if it does any of the above, the rule becomes ultra
vires the Act.”
63. In Assam Co. Ltd. (supra), it was observed that enactment
empowered the State Government to make such rules as were
necessary for carrying out the purposes of the enactment. It was
further observed that the object and the scheme of the enactment
did not empower the State authorities to recompute agricultural
income contrary to the computation made by the Central officers.
It was held that the rule framed by the State government was ultra
vires because it enlarged the scope of the enactment.
64. In Consumer Online Foundation and Others v. Union of India,75
this Court was dealing with the validity of the levy of development
fees on embarking passengers by the lessees of the Airports Authority
of India76 at the international airports in New Delhi and Mumbai.
The unamended Section 22A of the Airports Authority of India Act
199477 empowered the AAI, after the previous approval of the Central
Government, to levy development fees on embarking passengers
“at the rate as may be prescribed.” A two-Judge Bench of this Court
held that the development fee was in the nature of a cess or tax for
generating revenue for the specified purposes mentioned in Section
22A.78 Further, it was held that the power to levy a development fee
under Section 22 could not be exercised without the rules prescribing
the rate at which the development fee was to be levied. Since no
rules were framed prescribing the rate of development fee, it was
held that the levy was without authority of law.
65. In Consumer Online Foundation (supra), the Central Government
determined the rate of development fee in two letters communicated
to the lessees. This Court held that under Section 22A the Central

75 [2011] 5 SCR 911 : (2011) 5 SCC 360
76 “AAI”
77 “AAI Act”
78 Section 22A, AAI Act.
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Government only had the power to grant its approval to the levy
and collection of development fees but had no power to fix the
rate at which the development fee would be levied and collected
from embarking passengers. The rates determined by the Central
Government were held to be ultra vires the AAI Act.
66. From the above discussion, we can cull out the following principles:
(i) a delegate cannot act contrary to the express provisions and object
of the parent legislation; (ii) a delegate cannot widen or constrict the
scope of the parent legislation or the legislative policy prescribed
under it; and (iii) a fiscal provision has to be construed strictly and
a delegate cannot consider any circumstance, factors or condition
not contemplated by the parent legislation.
67. The legislative policy of enrolment and admission of advocates is
contained in Chapter III of the Advocates Act. Section 24(1) lays down
the qualifications subject to which an advocate may be admitted on
a State roll. Section 24(1)(f) provides that the enrolment fee payable
by general candidates is Rupees seven hundred fifty and by SC and
ST candidates, Rupees one hundred and twenty-five. Section 24(1)
(f) reflects the legislative policy of the Advocates Act that subject to
the fulfilment of other conditions of Section 24(1), the payment of
the stipulated monetary amount will make a person eligible to be
admitted as an advocate.
68. Presently, the SBCs charge enrolment fees in the following manner: (i)
they charge an enrolment fee according to the legal stipulation under
Section 24(1)(f), but charge miscellaneous fees, and (ii) they charge
an enrolment fee beyond the legal stipulation in addition to charging
miscellaneous fees. Section 24(1)(f) expressly stipulates that the total
enrolment fees shall be Rupees seven hundred fifty for advocates
belonging to the general category and Rupees one hundred twenty-
five for advocates belonging to the SC and ST category. The SBCs
cannot charge “enrolment fees” beyond the express legal stipulation
under Section 24(1)(f) as it currently stands. Therefore, prescribing
enrolment fees beyond Rupees seven hundred for general candidates
and Rupees one hundred twenty-five for SC and ST candidates is
contrary to Section 24(1)(f). The subject matter of enrolment fee is
covered by the Advocates Act. Therefore, the SBCs, being delegated
authorities, do not have any legislative powers to prescribe enrolment
fees contrary to the statutory stipulation.
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69. As discussed in the above segments of this judgment, the legislature
prescribed the enrolment fee under Section 24(1)(f) to cover “all
functions” carried out by the SBCs and the BCI under the Advocates
Act. The legislative history suggests that the legislature was averse
to imposing any charges other than enrolment fees at the time of
enrolment. This was in furtherance of the legislative object to foster
an inclusive Bar. However, the SBCs are imposing miscellaneous
fees and charges in the guise of an enrolment fee, which cumulatively
exceed the statutory stipulation under Section 24(1)(f). The decision
of the SBCs to charge an enrolment fee beyond the stipulated amount
is contrary to the legislative object of the Advocates Act.
70. Section 24(1)(f) is a fiscal regulatory provision and has to be construed
strictly. Parliament has prescribed the enrolment fees in the exercise
of its sovereign legislative powers. The SBCs and the BCI, being
delegates of Parliament, cannot alter or modify the fiscal policy laid
down by Parliament. The delegate can create substantive rights
and obligations only to the extent to which the parent enactment
empowers the delegate.79 By prescribing additional fees at the time
of enrolment, the SBCs have created new substantive obligations not
contemplated by the provisions of the Advocates Act. The basis for
the fees imposed by the SBCs has to be traceable to the provisions
of the statute. There is no express provision in the Advocates Act
empowering the SBCs to levy fees, except for the enrolment fee and
stamp duty, if any, under Section 24(1)(f), at the time of admission
of advocates on the State roll. The decision of the SBCs to charge
miscellaneous fees is contrary to the legislative prescription of the
Advocates Act.
71. On 26 June 2013, the BCI passed a resolution directing the SBCs
to charge Rupees six thousand as enrolment fees for general
candidates and Rupees three thousand for SC and ST candidates.
Importantly, the resolution stated that the SBCs could charge other
fees according to “their own suitability.” On 22 December 2016, the
BCI addressd a letter to all the SBCs directing them to charge the
revised enrolment fees. The BCI resolution dated 26 June 2013
prompted many SBCs such as the Odisha Bar Council to enhance
their enrolment fees. Section 24(1)(f) stipulates the enrolment fee

79 See Global Energy Ltd. v. Central Electricity Regulatory Commission (2009) 15 SCC 570 [25]
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to be charged by the SBCs. In the face of the express stipulation
of law, the BCI had no authority to pass a resolution revising the
enrolment fees charged by the SBCs. The fact that the enrolment
fee stipulated under Section 24(1)(f) has not been revised by the
legislature does not clothe the BCI with any authority to direct the
SBCs to charge revised enrolment fees. Since the BCI exercises
general supervision and control over all the SBCs, it is incumbent
upon it to ensure that the SBCs strictly follow the mandate of the
Advocates Act. The resolution dated 26 June 2013 is devoid of legal
authority and contrary to Section 24(1)(f) of the Advocates Act.
G. All fees charged at the time of enrolment are ‘enrolment fees’
72. In this batch of matters, we have transferred to this Court similar
petitions pending before the Kerala High Court. In T Koshy v. Bar
Council of Kerala,80 the SBC was charging special fees for enrolment
from candidates who had retired from government service. A Single
Judge of the Kerala High Court observed that the special fees were
charged in addition to the enrolment fees and other miscellaneous
charges such as application form fee, registration fee, enrolment
certificate fee, and verification fee. The vires of the miscellaneous
fees was not challenged before the High Court. The High Court
construed the special fee charged by the SBC as an enrolment fee
and held that the amount charged by the SBC was over and above
the enrolment fee stipulated by Section 24(1)(f). In appeal, the
Division Bench of the High Court upheld the judgment of the Single
Judge by holding that Section 28(2)(d) did not empower the SBC
“to prescribe any fee for enrolment, either in the form of enrolment
fee or special fee.”81 The Special Leave Petition filed by the SBC
was dismissed by this Court on 4 June 2019.82
73. In adjudicating upon WP (C) No. 3068 of 2023,83 another Single Judge
of the Kerala High Court relied on T Koshy (supra) to observe that
the SBC is only entitled to collect the enrolment fee stipulated under
Section 24(1)(f) of the Advocates Act. Subsequently, the writ petition
was heard by a Division Bench of the Kerala High Court which passed

80 2016 SCC OnLine Ker 41055
81 Bar Council of Kerala v. T Koshy, W A No. 2170 of 2017.
82 Bar Council of Kerala v. N S Gopakumar, SLP(C) No. 44268 of 2018.
83 Akshai M Sivan v. Bar Council of Kerala, WP(C) No. 3068 of 2023 (order dt. 12 June 2023)
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an interim order directing the SBC to admit the petitioners on the
State roll by accepting Rupees seven hundred fifty as enrolment fees.
74. Given the above background, two issues arise for consideration:
(i) whether the miscellaneous fees which are charged in addition
to the enrolment fee at the time of enrolment can be considered
as enrolment fee; and (ii) whether the SBCs or the BCI can charge
miscellaneous fees as a pre-condition for enrolment.
i. Charges other than the enrolment fee cannot be a valid
pre-condition
75. Section 24(1) of the Advocates Act lays down the conditions subject
to which an advocate may be admitted on a State roll. Section 24(1)
(f) provides that the enrolment fee is paid by the advocate “in respect
of the enrolment.” The use of the phrase “in respect of the enrolment”
conveys that the fee is paid for the entire enrolment process. Under
the Advocates Act, the process of enrolment commences when an
applicant makes an application to the SBC within whose jurisdiction
the applicant proposes to practice. Thereafter, the enrolment
committee of the SBC scrutinizes the application on the basis of the
eligibility qualifications laid down under Section 24(1). The name of
an applicant who is found eligible is entered on the roll of advocates
and a certificate of enrolment is issued to the applicant by the SBC.
The enrolment fee prescribed under Section 24(1)(f) comprehends
the whole enrolment process.
76. On 27 December 2016,84 the BCI passed a resolution fixing the
verification fees charged by the SBCs at the time of submission of
enrolment forms. The resolution was in the following terms
“The State Bar Councils/ Enrolment Committees of the
State Bar Councils shall require the Xerox as well as
the original certificates of the candidates applying for
enrolment. Following certificates shall be required to be
submitted alongwith the enrolment forms:-
(a) Certificate of concerned Board for Secondary/10th
examination.

84 Communication dated 28 January 2017 by the BCI to the secretaries of the SBCs, BCI:D 529/2017(Council)
dated 28 January 2017.
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(b) Certificate of concerned Board for Senior Secondary
or intermediate examination.
(c) Certificate of graduation, if any or/and the LLB degree
or the provisional certificates of these Degrees
granted by the University as well as the mark-sheets
of all the three or five year of LL.B. examinations.
The office of State Bar Councils shall charge a sum of
Rs. 2500/- for verification of the said certificates from the
candidates at the time of submission of the enrolment
forms only.”
77. In view of the BCI resolution, many SBCs increased the verification
fees charged by them. Currently, the SBCs charge various fees such
as verification fees, application fees, registration fees, and identity
card fees at the time of enrolment. The SBCs charge these fees as
concomitant to the process of enrolment. For instance, a verification
fee is charged for the verification of academic qualification certificates
of the candidates. The verification fee is collected from the candidates
“at the time of submission of enrolment forms.” These additional fees
are in furtherance of the process of enrolment of advocates and are
encompassed within the meaning of the phrase “in respect of the
enrolment” appearing in Section 24(1)(f).
78. Additionally, the SBCs also collect charges such as building fund
and benevolent fund from advocates at the time of enrolment. These
charges are per se not related to the process of enrolment, but in
most cases the candidates have no choice but to pay the levies.
The SBCs admit that they charge the fees at the time of enrolment
as a one-time payment for all the services offered by them. The
SBCs contend that they charge these fees at the time of enrolment
because the advocates do not pay periodic fees after enrolment.
79. Admission on the roll of advocates is a pre-requisite for any person
intending to practice law in India. At the time of enrolment, candidates
have little agency but to pay the miscellaneous fees imposed by the
SBCs to get enrolled. Non-payment of the fees means that a candidate
cannot get enrolled on the State roll. Thus, all the miscellaneous
fees collected from a candidate at the time of enrolment essentially
serve as a pre-condition to the process of enrolment. Section 24(1)
specifically lays down the pre-conditions subject to which an advocate
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can be enrolled on State rolls. Since Section 24(1)(f) specifies the
amount that can be charged by the SBCs as an enrolment fee, the
SBCs and the BCI cannot demand payment of fees other than the
stipulated enrolment fee as a pre-condition to enrolment.
80. Rule 40 under Section IVA of Chapter II of Part VI under the BCI
Rules mandates every advocate borne on the rolls to pay the SBC
a sum of Rupees three hundred every third year.85 The sum under
Rule 40 can only be collected from advocates already admitted on
the State rolls. Therefore, this sum cannot be collected from persons
at the time of enrolment. It must be collected from advocates after
they are admitted on the State roll.
ii. Article 14: substantive equality and manifest arbitrariness
81. Article 14 has a substantive content that mirrors the quest for ensuring
fair treatment of an individual in every aspect of human endeavour
and existence.86 In Joseph Shine v. Union of India,87 one of us
(D Y Chandrachud, J) observed that substantive equality is directed
at eliminating individual, institutional, and systemic discrimination
against disadvantaged groups which effectively undermines their full
and equal participation in society at the social, economic, political,
and cultural levels. It was further observed:
“172. The primary enquiry to be undertaken by the
Court towards the realisation of substantive equality is

85 Rule 40, Section IVA, Chapter II, Part VI, BCI Rules. [It reads:
“40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum
of Rs. 300 every third year commencing from 1st August, 2001 along with a statement of particulars as
given in the form set out at the end of these Rules, the first payment to be made on or before 1st August,
2001 or such extended time as notified by the Bar Council of India or the concerned State Bar Council.
Provided further however that an advocate shall be at liberty to pay in lieu of the payment of Rs. 60043
every three years a consolidated amount of Rs. 1000. This will be a life time payment to be kept in the
fixed deposit by the concerned State Bar Council. Out of life time payment, 80% of the amount will be
retained by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar
Council of India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit
and the interest on the said deposits shall alone be utilized for the Welfare of the Advocates”44.
Explanation 1.—Statement of particulars as required by Rule 40 in the form set out shall require to be
submitted only once in three years.
Explanation 2.—The Advocates who are in actual practise and are not drawing salary or not in full time
service and not drawing salary from their respective employers are only required to pay the amount
referred to in this rule.
Explanation 3.—This rule will be effective from 1-10-2006 and for period prior to this, advocates will
continue to be covered by old rule.”]
86 Navtej Singh Johar v. Union of India (2018) 10 SCC 1 [409]
87 [2018] 11 SCR 765 : (2019) 3 SCC 39 [171]
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to determine whether the provision contributes to the
subordination of a disadvantaged group of individuals.
The disadvantage must be addressed not by treating a
woman as “weak” but by construing her entitlement to
an equal citizenship. The former legitimises patronising
attitudes towards women. The latter links true equality to
the realisation of dignity. The focus of such an approach
is not simply on equal treatment under the law, but rather
on the real impact of the legislation. Thus, Section 497
has to be examined in the light of existing social structures
which enforce the position of a woman as an unequal
participant in a marriage.”
82. In Navtej Singh Johar v. Union of India,88 a Constitution Bench held
that Section 377 undermined substantive equality because it created
barriers, systemic and deliberate, for the effective participation of the
members of the LGBTIQ+ community in the workforce.
83. In Bonnie Foi Law College (supra), a Constitution Bench of this
Court recognized the effect of the exorbitant enrolment fees charged
by the SBCs:
“54. We also have one caveat arising from the plea that
different State Bar Councils are charging different fees for
enrolment. This is something which needs the attention
of the Bar Council of India, which is not devoid of the
powers to see that a uniform pattern is observed and the
fee does not become oppressive at the threshold of young
students joining the Bar.”
84. The burden of payment of enrolment fees and other miscellaneous
fees imposed by the SBCs falls equally on all persons seeking
enrolment. While the burden is facially neutral, it perpetuates structural
discrimination against persons from marginalized and economically
weaker sections of the society. In more than one way, the process
of enrolment perpetuates a culture89 of systemic exclusion and
discrimination that impacts the entry of law graduates into the legal
profession and even beyond. A law graduate in India undergoes legal

88 [2018] 7 SCR 379 : (2018) 10 SCC 1 [453]
89 See Nitisha v. Union of India (2021) 15 SCC 125 [77]
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education which typically entails a study of a three-year LLB course
or an integrated five-year course. The model of legal education in
India is largely centred around a standardized admissions test.
Candidates desirous of taking the admission test have to pay a
hefty fee for taking the examination and in many cases engage
tutors or coaching classes to prepare for these tests. Although the
engagement of tutors or purchase of preparation material is a choice
a candidate can choose not to make, it puts them against a cohort
of competitors who have engaged such help. Once admitted to a
recognized institute for legal education, a student has to afford the
fees of the college either by paying on their own or by availing of a
student loan. Students are also expected and sometimes mandated
to partake in internships, research work, and co-curricular and extra-
curricular activities among others.90 Partaking in these activities
entails additional expenses.
85. Young law graduates seeking to enter litigation start from a position
of disadvantage. In S Seshachalam v. Bar Council of Tamil Nadu,91
Justice R Banumathi summed up the struggle of young advocates
in apt words:
“26. The profession of Law is a noble calling. The legal
fraternity toils day and night to be successful in the
profession. Although it is true that slowly working
one’s way up is the norm in any profession, including
Law, but initially young advocates have to remain in
the queue for a prolonged period of time and struggle
through greater hardships. Despite being extremely
talented, a number of young lawyers hardly get proper
opportunity or exposure in their profession. New
entrants to the profession in the initial stages of the
profession suffer with the meagre stipend which young
lawyers may receive during their initial years, coupled
with the absence of a legislation concerning this, they
struggle to manage their food, lodging, transportation
and other needs. Despite their valiant efforts, they

90 Rule 25, Part IV of the Rules of Legal Education 2008, BCI mandates law students to complete an
internship under an advocate for a minimum of 12 weeks for the three year law course and twenty weeks
for the five year law course.
91 [2014] 12 SCR 465 : (2014) 16 SCC 72
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are unable to march ahead in their profession. It is
only after years of hardwork and slogging that some
of the fortunate lawyers are able to make a name for
themselves and achieve success in the profession.
For the majority of the legal fraternity, everyday is a
challenge. Despite the difficult times, the lawyer who sets
up practice straight after enrolment, struggles to settle
down … in the profession. Some of the lawyers remain
struggling throughout their lives yet choose to remain in
the profession. It is something like “riding a bicycle uphill
with the wind against one”.
(emphasis added)
86. Young law graduates who start litigating right after graduation earn
anywhere between Rupees ten thousand to Rupees fifty thousand
per month, depending upon the location of their practice and the
chambers they join. The structure of the Indian legal setup is such
that the struggle for getting acceptance in chambers and law firms
is greater for those who belong to the marginalized sections, first-
generation advocates, or law graduates without a degree from a
National Law University. A recent report suggests that many law
students from the Dalit community face English language barriers,
reducing their opportunities of practicing before the High Courts and
the Supreme Court where the court proceedings are in English.92
In a legal system that is predisposed against the marginalized, the
pre-condition of paying exorbitant fees in the name of enrolment fee
creates a further barrier for many.
87. In Neil Aurelio Nunes v. Union of India,93 a two-Judge Bench of
this Court, explained the redundancy of the concept of merit and
the struggles of a first-generation learner:
“33. The crux of the above discussion is that the binary of
merit and reservation has now become superfluous once
this Court has recognised the principle of substantive
equality as the mandate of Article 14 and as a facet of
Articles 15(1) and 16(1). An open competitive exam may

92 Challenges for Dalits in South Asia’s Legal Community, Chapter III – Dalit Justice Defenders in India,
American Bar Association (2021) 16
93 [2022] 11 SCR 585 : (2022) 4 SCC 1
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ensure formal equality where everyone has an equal
opportunity to participate. However, widespread inequalities
in the availability of and access to educational facilities
will result in the deprivation of certain classes of people
who would be unable to effectively compete in such a
system. Special provisions (like reservation) enable such
disadvantaged classes to overcome the barriers they face
in effectively competing with forward classes and thus
ensuring substantive equality. The privileges that accrue
to forward classes are not limited to having access to
quality schooling and access to tutorials and coaching
centres to prepare for a competitive examination but
also include their social networks and cultural capital
(communication skills, accent, books or academic
accomplishments) that they inherit from their family.
The cultural capital ensures that a child is trained
unconsciously by the familial environment to take up
higher education or high posts commensurate with
their family’s standing. This works to the disadvantage
of individuals who are first-generation learners and
come from communities whose traditional occupations
do not result in the transmission of necessary skills
required to perform well in open examination. They
have to put in surplus effort to compete with their
peers from the forward communities. On the other
hand, social networks (based on community linkages)
become useful when individuals seek guidance and
advice on how to prepare for examination and advance
in their career even if their immediate family does not
have the necessary exposure. Thus, a combination
of family habitus, community linkages and inherited
skills work to the advantage of individuals belonging
to certain classes, which is then classified as “merit”
reproducing and reaffirming social hierarchies.”
(emphasis added)
88. Social capital and networks play an important role in the Indian
legal setup in advancing legal careers. Most litigation chambers hire
advocates through networks and community linkages. The structure of
the Indian legal system is such that social capital and networks also
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play an important role in getting clients. The lack of social capital and
network is acutely felt by advocates from marginalized communities.94
The marginalized sections of our society face insurmountable
obstacles in navigating the Indian legal system.95 This is further
compounded by their lack of representation in the legal profession.
Greater representation of the marginalized communities in the legal
profession will increase the diversity within the profession, enable
the marginalized sections to trust the legal system and facilitate the
delivery of legal aid and services to unrepresented communities.
89. Section 24(1)(f) prescribes an enrolment fee of Rupees seven
hundred fifty from general candidates and Rupees one hundred
twenty-five from SC and ST candidates. Therefore, the enrolment
fee prescribed for candidates from the SC and ST communities is far
less than the fees paid by a candidate from the general category. In
1993, Parliament increased the enrolment fee for general candidates
from Rupees two-hundred fifty to Rupees seven-hundred fifty,
without disturbing the fees paid by candidates from the SC and ST
community. This shows that Parliament is conscious of the socio-
economic marginalization of the SC and ST community. However,
the present enrolment fee structure reinforces the socio-economic
marginalization of the SCs and STs. For instance, the Bar Council
of Maharashtra and Goa charges a cumulative fee of Rupees fifteen
thousand from the general candidates and Rupees fourteen thousand
five hundred from SC and ST candidates. Similarly, in Manipur,
the general category candidates pay Rupees sixteen thousand six
hundred fifty as an enrolment fee while a candidate from the SC
and ST category pays Rupees sixteen thousand fifty. Thus, the
candidates from the SC and ST category practically pay as much as
the candidates from the general category. This is evidently against
the legislative policy of the Advocates Act.
90. Dignity is crucial to substantive equality. The dignity of an individual
encompasses the right of the individual to develop their potential to
the fullest.96 The right to pursue a profession of one’s choice and

94 Challenges for Dalits in South Asia’s Legal Community, Chapter III – Dalit Justice Defenders in India,
American Bar Association (2021) 17
95 Hariram Bhambhi v. Satyanarayan, 2021 SCC OnLine SC 1010 [12]
96 K S Puttaswamy v. Union of India (2017) 10 SCC 1 [525]
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earn livelihood is integral to the dignity of an individual. Charging
exorbitant enrolment fees and miscellaneous fees as a pre-condition
for enrolment creates a barrier to entry into the legal profession. The
levy of exorbitant fees as a pre-condition to enrolment serves to
denigrate the dignity of those who face social and economic barriers in
the advancement of their legal careers.97 This effectively perpetuates
systemic discrimination against persons from marginalized and
economically weaker sections by undermining their equal participation
in the legal profession. Therefore, the current enrolment fee structure
charged by the SBCs is contrary to the principle of substantive equality.
91. In Ravinder Kumar Dhariwal v. Union of India,98 a three-Judge
Bench of this Court held that substantive equality is aimed at producing
equality of outcomes through different modes of affirmative action.
The purpose of the Advocates Act of creating an inclusive Bar cannot
be defeated by having exclusionary conditions which seek to create
social and economic barriers. The Bar Councils have a responsibility
in the public interest to ensure greater representation of persons
from marginalized communities in the legal profession.
92. The decision of the SBCs to charge exorbitant fees also suffers
from the vice of manifest arbitrariness. In Khoday Distilleries Ltd v.
State of Karnataka,99 this Court laid down the following principles for
challenging delegated legislation: (i) the test of arbitrary action which
applies to executive actions does not necessarily apply to delegated
legislation; (ii) a delegated legislation can be struck down only if it
is manifestly arbitrary; and (iii) a delegated legislation is manifestly
arbitrary if it is not in conformity with the statute or offends Article
14. In Clariant International Ltd. v. SEBI,100 a three-Judge Bench
of this Court held that when any criterion is fixed by a statute or by
a policy, the subordinate authority must follow the policy formulation
broadly and substantially. Non-conformity with the legislative policy
will render delegated legislation arbitrary.101

97 See Neil Aurelio Nunes (supra) [35]
98 (2023) 2 SCC 209 [37]
99 [1995] Supp. 6 SCR 759 : (1996) 10 SCC 304 [13]
100 [2004] Supp. 3 SCR 843 : (2004) 8 SCC 524 [63]
101 Secretary, Ministry of Chemicals & Fertilizers, Government of India v. Cipla Ltd (2003) 7 SCC 1 [9]
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93. In Shayara Bano v. Union of India,102 a Constitution Bench held
that manifest arbitrariness must be something done by the legislature
capriciously, irrationally, and/or without adequate determining
principles. It was further held that legislation which is excessive and
disproportionate would also be manifestly arbitrary. In Joseph Shine
(supra), one of us (D Y Chandrachud, J) held that an “adequate
determining principle” is a principle that aligns with constitutional
values. With respect to a piece of delegated legislation, an adequate
determining principle is a principle that aligns with the legislative policy
of the parent enactment as well as constitutional values. Delegated
legislation that is forbiddingly excessive or disproportionate will also
be manifestly arbitrary.103
94. As held in the preceding segments of this judgment, the SBCs at the
time of enrolment charge fees in contravention of Section 24(1)(f)
and the legislative policy of the Advocates Act. Therefore, the excess
enrolment fees charged by the SBCs are manifestly arbitrary. Further,
the effect of charging exorbitant enrolment fees as a pre-condition
for enrolment has created entry barriers, especially for people from
marginalized and economically weaker sections, to enter into the legal
profession. Thus, the current enrolment fee structure is manifestly
arbitrary because it denies substantive equality.
iii. Article 19(1)(g): unreasonableness
95. Section 30 of the Advocates Act inheres in every advocate whose
name is entered in the State roll the right to practice in all courts
throughout the territory of India. Article 19(1)(g) of the Constitution
provides that all citizens of India shall have the right to practice
any profession or to carry on any occupation, trade, or business.
Article 19(6) subjects the right under Article 19(1)(g) to reasonable
restrictions. Further, the provision allows the State to make any law
relating to the professional or technical qualifications necessary
for practicing any profession or carrying on any occupation, trade
or business. Thus, the right to practice law is not only a statutory
right but also a fundamental right protected under Article 19(1)(g).104
However, the right of citizens to practice law can be regulated and

102 [2017] 9 SCR 797 : (2017) 9 SCC 1 [101]
103 Franklin Templeton Trustee Services (P) Ltd. v. Amruta Garg (2021) 9 SCC 606 [79]
104 N K Bajpai v. Union of India (2012) 4 SCC 653 [25]
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is not absolute.105 Under the Advocates Act, only those advocates
who are admitted on the State roll have a right to practice throughout
the territory of India.106
96. In Chintamanrao v. State of Madhya Pradesh,107 a Constitution
Bench explained the purpose of the expression “reasonable
restrictions” thus:
“8. The phrase “reasonable restriction” connotes that the
limitation imposed on a person in enjoyment of the right
should not be arbitrary or of an excessive nature, beyond
what is required in the interests of the public. The word
“reasonable” implies intelligent care and deliberation, that
is, the choice of a course which reason dictates. Legislation
which arbitrarily or excessively invades the right cannot be
said to contain the quality of reasonableness and unless it
strikes a proper balance between the freedom guaranteed
in Article 19(1)(g) and the social control permitted by
clause (6) of Article 19, it must be held to be wanting in
that quality.”
97. In Rashid Ahmed v. Municipal Board, Kairana,108 a Constitution
Bench of was called upon to decide the validity of bye-laws framed
by the Municipal Board. Bye-law 2 provided that no person could
establish any new market or place for wholesale transactions without
the previous permission of the Municipal Board. Justice S R Das (as
the learned Chief Justice then was), speaking for the Constitution
Bench, held:
“11. The Constitution by Article 19(1) guarantees to the
Indian citizen the right to carry on trade or business subject
to such reasonable restrictions as are mentioned in clause
(6) of that article. The position, however, under Bye-law
2 is that while it provided that no person shall establish a
market for wholesale transactions in vegetables except with
the permission of the Board, there is no bye-law authorising
the respondent Board to issue the licence. The net result

105 Jamshed Ansari v. High Court of Judicature at Allahabad (2016) 10 SCC 554 [17]
106 N K Bajpai (supra) [25]
107 [1950] 1 SCR 759 : 1950 SCC 695
108 [1950] 1 SCR 566 : 1950 SCC 221
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is that the prohibition of this bye-law, in the absence of
any provision for issuing licence, becomes absolute.”
98. In Mohammad Yasin v. Town Area Committee, Jalalabad,109 a
Constitution Bench of this Court was called upon to determine the
validity of the bye-laws framed by the Town Area Committee imposing
licence fees on any person intending to sell in wholesale at any
place in the town area. The issue before this Court was whether the
Committee had legal authority to impose the fees. Justice S R Das
(as the learned Chief Justice then was) observed that a “licence fee
on a business not only takes away the property of the licensee but
also operates as a restriction on his right to carry on his business,
for without the payment of such fee the business cannot be carried
on at all.” It was held that the restriction on the fundament right
under Article 19(1)(g) can be imposed by the State according to
Article 19(6). It was held that an illegal impost is an unreasonable
restriction on the right to carry on occupation, trade or business
under Article 19(1)(g):
“12. […] If, therefore, the licence fee cannot be justified on
the basis of any valid law no question of its reasonableness
can arise, for an illegal impost must at all times be an
unreasonable restriction and will necessarily infringe the
right of the citizen to carry on his occupation, trade or
business under Article 19(1)(g) and such infringement can
properly be made the subject-matter of a challenge under
Article 32 of the Constitution.”
99. In Mohammad Yasin (supra), the United Provinces Town Areas Act
1914 empowered the Town Area Committee to charge fees for the
use or occupation of any immoveable property vested in or entrusted
to the management of the Town Area Committee, including any public
street or place. It was held that this power did not include the power
to levy licence fees on a person intending to sell in wholesale at any
place in the town area. Therefore, it was held that the licence fee
imposed by the Town Area Committee was ultra vires the 1914 Act:
“20. In our opinion, the bye-laws which impose a charge
on the wholesale dealer in the shape of the prescribed fee,

109 [1952] 1 SCR 572 : (1952) 1 SCC 205
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irrespective of any use or occupation by him of immovable
property vested in or entrusted to the management of
the Town Area Committee including any public street,
are obviously ultra vires the powers of the respondent
Committee and, therefore, the bye-laws cannot be said
to constitute a valid law which alone may, under Article
19(6) of the Constitution, impose a restriction on the right
conferred by Article 19(1)(g). In the absence of any valid
law authorising it, such illegal imposition must undoubtedly
operate as an illegal restraint and must infringe the
unfettered right of the wholesale dealer to carry on his
occupation, trade or business which is guaranteed to him
by Article 19(1)(g) of our Constitution.”
100. In Cooverjee B Bharucha v. Excise Commissioner,110 another
Constitution Bench held that a licence fee levied without the authority
of law was not protected under Article 19(6). In R M Seshadri v.
District Magistrate,111 the District Collector imposed a condition
compelling the licencee to exhibit at each performance one or more
approved films of such length and for such length of time as directed
by the Government. The condition was challenged for violation of
Article 19(1)(g). A Constitution Bench of this Court observed that
the condition was couched in wide language and did not lay down
any guideline to the licencing authority. It was held that a “condition
couched in such wide language is bound to operate harshly upon the
cinema business and cannot be regarded as a reasonable restriction.”
101. We can cull out the following principles from the above discussion:
(i) the power of the authority to impose restrictions on the right
under Article 19(1)(g) is not absolute and must be exercised in a
reasonable manner; (ii) any fees or licences levied by the authorities
must be valid and levied on the basis of the authority of law; and
(iii) delegated legislation which is contrary to or beyond the scope
of the legislative policy laid down by the parent legislation places an
unreasonable restriction in violation of Article 19(1)(g).112

110 [1954] 1 SCR 873 : (1954) 1 SCC 18 [9]
111 (1954) 2 SCC 320
112 Minerva Talkies v. State of Karnataka, 1988 Supp SCC 176 [15]
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102. According to the current enrolment fee structure of the SBCs, an
advocate has to pay anywhere between Rupees fifteen thousand to
Rupees forty-two thousand as a pre-condition to enrolment. As held
in the above segments of this judgment, the SBCs charge enrolment
fees in excess of the stipulated fee prescribed under Section 24(1)(f).
The excess enrolment fee imposed by the SBCs is without authority
of law. Compounded with this there are no reasonable criteria behind
the decision of the SBCs to charge such exorbitant amounts as
enrolment fees. The SBCs cannot have unbridled powers to charge
any fees given the express legislative policy under Section 24(1)(f).
Imposing excessive financial burdens on young law graduates at the
time of enrolment causes economic hardships, especially for those
belonging to the marginalized and economically weaker sections of
the society. Therefore, the current enrolment fee structure charged
by the SBCs is unreasonable and infringes Article 19(1)(g).
H. Financial implications for the SBCs and the BCI
103. As discussed in the above segments of this judgment, we are
cognizant of the fact that the SBCs and the BCI depend entirely
on the amount collected from candidates at the time of enrolment
for performing their functions under the Advocates Act, including
payment of salaries to their staff. According to the legislative scheme
of the Advocates Act, the Bar Councils must only charge the amount
stipulated under Section 24(1)(f) as an enrolment fee. Instead of
devising ways and means to charge fees from enrolled advocates
for rendering services, the SBCs and the BCI have been forcing
young law graduates to cough up exorbitant amounts of money as
a pre-condition for enrolment.
104. Once the advocates are enrolled on the State rolls, the Bar Councils
can charge fees for the services provided to the advocates in
accordance with the provisions of the Advocates Act. It is for the
SBCs and the BCI to devise an appropriate method of charging fees
that is fair and just not only for the law graduates intending to enroll,
but also for the advocates already enrolled on the State rolls. There
are several reasonable ways by which the SBCs and BCI can and
already do collect funds at later stages of an advocate’s career. For
instance, under the Advocates Welfare Fund Act 2001, advocates
must affix mandatory welfare stamps on vakalatnamas which are
used to collect funds for advocate welfare. Unlike an enrollment fee
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charged before a graduate is given a fair chance to earn a living, such
sources of income are directly correlated to the advocates’ practice.
105. It is clarified that the only charges permissible at the stage of enrolment
are those stipulated under Section 24(1)(f) of the Advocates Act. All
other miscellaneous fees, including but not limited to, application form
fees, processing fees, postal charges, police verification charges, ID
card charges, administrative fees, photograph fees etc. charged from
the candidates at the time of admission are to be construed as part
of the enrollment fee. The fees charged under these or any similar
heads cannot cumulatively exceed the enrolment fee prescribed in
Section 24(1)(f).
106. The Advocates Welfare Fund Act 2001113 is enacted to provide
for the constitution of a welfare fund for the benefit of advocates.
Section 3 provides that the appropriate government shall constitute
an Advocates Welfare Fund. Section 15 mandates the SBCs to pay
annually to the welfare fund an amount equal to twenty per cent of the
enrolment fee received by it under Section 24(1)(f) of the Advocates
Act.114 This decision will not have any effect on the obligation of the
SBCs under Section 15 because they will continue to charge the
enrolment fee as stipulated under Section 24(1)(f).
107. The SBCs and the BCI are directed to ensure that the fees charged
at the time of enrollment comply with Section 24(1)(f) and the
provision is not defeated either directly or indirectly under the garb
of different nomenclatures. The SBCs cannot charge an enrolment
fee or miscellaneous fees above the amount prescribed in Section
24(1)(f). No case is made out for this Court to exercise its power
under Article 142 to implement the BCI Draft Enrolment Rules in
their current form.
108. The result of this decision would have entitled advocates who have
paid the excess enrolment fee to a refund from the SBCs.115 The
SBCs have been levying the enrolment fees for a considerable

113 “2001 Act”
114 Section 15, Advocates Welfare Fund Act 2001. [It reads:
15. Payment of certain monies to Fund by State Bar Council – The State Bar Council shall pay to the
Fund annually an amount equal to twenty per cent of the enrolment fee received by it under clause (f) of
Section 24 of the Advocates Act, 1961 (25 of 1961).]
115 See Somaiya Organics (India) Ltd v. State of U.P. (2001) 5 SCC 519 [46]
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duration and utilizing the collected amounts to carry out their day-to-
day functioning. Therefore, we declare that this judgment will have
prospective effect. Resultantly, the SBCs are not required to refund
the excess enrolment fees collected before the date of this judgment.
I. Conclusions
109. In view of the above discussion, we conclude that:
a. The SBCs cannot charge “enrolment fees” beyond the express
legal stipulation under Section 24(1)(f) as it currently stands;
b. 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;
c. 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; and
d. This decision will have prospective effect. The SBCs are not
required to refund the excess enrolment fees collected before
the date of this judgment.
110. In view of the above, the writ petition, transferred cases and transfer
petitions are disposed of.
111. Pending application(s), if any, stand disposed of.

Result of the case: Matters disposed of.

†
Headnotes prepared by: Ankit Gyan