The Supreme Court of India, on October 30, 2025, issued a final warning to State Bar Councils, stating that responsible authorities will be held “guilty of contempt” if they continue to charge enrollment fees in excess of the statutorily prescribed amount. A Division Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan directed the Bar Council of India (BCI) to take up the issue “very seriously” with all State Bar Councils through a written circular, to be issued within four weeks.
The matter was heard in a Contempt Petition (Civil) (Diary No. 59883/2025) titled Priyadarshini Saha v. Pinaki Ranjan Banerjee and an associated Writ Petition (Civil) (No. 774/2025). The proceedings arose from the continued non-compliance by some State Bar Councils with directions issued by the Supreme Court in its judgment dated July 30, 2024, in the case of Gaurav Kumar vs. Union of India & Ors. (Writ Petition (Civil) No. 352/2023).
During the hearing, Ms. Radhika Gautam, the learned counsel appearing for the Bar Council of India, informed the Court that the BCI had previously communicated to all Bar Councils across the country that they are “duty bound to abide by the directions” issued in the Gaurav Kumar judgment. This submission was in response to the Court’s earlier order dated October 17, 2025, which had requested the BCI to take appropriate instructions.
Despite the BCI’s reported communication, the Supreme Court observed that the issue persists. In its order, the Bench noted, “It appears that although the Bar Council of India has taken up the issue with all State Bar Councils as regards due compliance of the directions issued by this Court, referred to above, yet some of the State Bar Councils still continue to recover in excess of the statutory fee prescribed.”
Granting “one last opportunity” to the BCI, the Court directed it to issue a formal “written circular” to every State Bar Council, which the councils must “respond immediately” to upon receipt by email. The Court has mandated this entire exercise to be completed within four weeks from the date of the order.
The Bench issued a stern warning, making it clear that “in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt.” The Court explicitly directed the BCI to highlight this aspect in the circular.
Furthermore, the Court addressed the related issue of applicants’ documents being withheld. It directed the Bar Council of India to “inform all State Bar Councils that they cannot withhold the documents of the applicant(s) who have applied for enrollment.”
The order further clarified, “We make it clear that none of the State Bar Councils shall withhold the documents produced by the concerned applicant(s) on the ground of non-payment of fees demanded.” The Court affirmed that once an applicant pays the “amount as statutorily prescribed” and requests their documents back, “those documents shall be immediately returned.”
The Supreme Court has listed the matters for hearing after four weeks.
