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Exorbitant Enrolment...
NEWS UPDATES
The Delhi High Court has issued notices on a plea challenging the levy of
exorbitant enrollment and other fees by the Bar Council of Delhi and the
The plea filed by Ankit Gupta, a student at NLIU Bhopal states that Section
24(1)(f) of the Advocates Act, 1961 provides that for being admitted as an
advocate, a person belonging to the General category has to pay Rs. 600
to the State Bar Council and Rs. 150 to the Bar Council of India.
Delhi charges an additional fee of Rs. 8,350 (excluding Rs. 1,000 towards
Issuing notices on the petition, Justice Navin Chawla posted the matter
prescribed by the provisions of the Advocates Act, 1961, even the Bar
Council of India Rules do not permit State Bar Councils to levy such an
illegal, arbitrary and de hors the provisions of the Advocates Act, 1961.
"…It has been consistently held by this Court that whenever there is
nothing is to be implied and one should look fairly to the language used…"
The Petitioner also referred to a ruling of the Kerala High Court in Koshy
T. v. Bar Council of Kerala and Ors., ILR 2017 (3) Kerala 201, wherein it
was stated,
"since, the Parliament has consistently enunciated its clear objective and
fee chargeable shall be limited to ' 750 as stated above, subject to demand
of any valid stamp duty that may be chargeable under the provisions of the
Indian Stamp Act, 1989, neither the Bar Council of India by resort to its rule
making power under Sec. 49(1) nor the State Bar Council by virtue of its
rule making powers under Sec. 28(2) of the Act can have the competence
and jurisdiction to frame any rule prescribed for enrolment fee which is at
variance with the one already engrafted by the Parliament in Sec. 24(1)(f)."
Levy of fee for transfer from one state roll to another is illegal
He has further challenged the vires of the levy of fees towards transfer of
Section 18 of the Advocates Act, 1961 is crystal clear that transfer of name
from one state roll to another is to be done without payment of any fee.
However, the Bar Council of India charges Rs. 2000 as process fee and
similarly Bar Council of Delhi charges Rs. 1000 towards granting NOC for
such transfer. Therefore, an advocate ends up paying Rs. 3000 for such
transfer which is totally ultra vires Section 18 of the Advocates Act, 1961.
The Petitioner has also challenged the levy of additional enrolment fee
provision of the Advocate's Act empowers the State Bar Council to seek
Read Petition
TAGS #BAR COUNCIL OF DELHI #BAR COUNCIL OF INDIA #ENROLLMENT FEE #DELHI HIGH
COURT #JUSTICE NAVIN CHAWLA
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