The Supreme Court has issued a stern directive clarifying that State Bar Councils and the Bar Council of India (BCI) are prohibited from collecting any “optional” fees from law graduates seeking to enrol as advocates. The Court mandated strict adherence to the statutory fee structure laid down in its previous judgment, ordering the Karnataka State Bar Council to immediately cease collecting any such additional amounts.
The order was passed by a bench of Justices J B Pardiwala and R Mahadevan while hearing a contempt plea.
Background of the Contempt Plea
The matter came before the court through a contempt petition filed by K L J A Kiran Babu. The petitioner alleged that the directions issued by the Supreme Court in its landmark judgment of July 30, 2024, which barred the charging of exorbitant enrolment fees, were not being complied with “in letter and spirit” by the Karnataka State Bar Council.
Arguments of the Parties
In response to the plea, the Bar Council of India filed an affidavit asserting that all state bar councils were complying with the court’s directions. The BCI contended that the amounts charged by the Karnataka State Bar Council—specifically Rs 6,800 for services like ID cards, certificates, and welfare funds, and an additional Rs 25,000 over the statutory fee—were “optional and not mandatory.”
Representing the BCI, Chairman and Senior Advocate Manan Kumar Mishra stated that the council had written to all state bar councils on August 6, 2024, directing them to strictly follow the Supreme Court’s judgment on enrolment fees.
Court’s Analysis and Decision
The bench unequivocally rejected the justification of “optional” fees. In its order dated August 4, 2025, the Court made its position unambiguous.
“We make it clear that there is nothing like optional. No State Bar Council(s) or Bar Council of India shall collect any fees of any amount as optional. They shall strictly collect fees in accordance with the directions issued by this court in the main judgment,” the bench ordered.
Directing the Karnataka State Bar Council specifically, the Court stated, “If the Karnataka State Bar Council is collecting any amount as optional, though it may not be mandatory, it must be stopped.”
The July 2024 Judgment on Enrolment Fees
The contempt proceedings stemmed from the Supreme Court’s judgment on July 30, 2024, where it had ruled that State Bar Councils cannot charge exorbitant fees for enrolling law graduates. The Court had held that such practices perpetuate “systemic discrimination” against individuals from marginalised and economically weaker sections.
The Court had found that levying high fees violated the fundamental rights to equality (Article 14) and to practice a profession (Article 19(1)(g)) under the Constitution. It established that under the Advocates Act, 1961, Bar Councils are delegated bodies and cannot alter the fee structure set by Parliament. The statutory enrolment fee was capped at Rs 750 for general category candidates and Rs 125 for those from SC/ST categories. The Court had, however, clarified that its decision would have a “prospective effect” and Bar Councils would not be required to refund the excess fees collected prior to the judgment.
