SC Summons BCI Chairman Manan Mishra Over Alleged Violation of Enrollment Fee Cap

The case, Gaurav Kumar v. Union of India, had clarified that State Bar Councils (SBCs) are prohibited from charging enrollment fees beyond the statutory limit laid down under Section 24(1)(f) of the Advocates Act, 1961. According to the provision, the maximum enrollment fee is INR. 750 for general category advocates and INR 125 for those belonging to the Scheduled Castes or Scheduled Tribes.

The Supreme Court passed an order summoning the Chairman of the Bar Council of India (BCI), Senior Advocate Manan Kumar Mishra, to appear before the Court and clarify whether the directions issued in its earlier judgment dated July 30, 2024, regarding advocate enrollment fees have been followed by the State Bar Councils.

The case, Gaurav Kumar v. Union of India, had clarified that State Bar Councils (SBCs) are prohibited from charging enrollment fees beyond the statutory limit laid down under Section 24(1)(f) of the Advocates Act, 1961. According to the provision, the maximum enrollment fee is INR. 750 for general category advocates and INR 125 for those belonging to the Scheduled Castes or Scheduled Tribes.

The present contempt petition has been filed by petitioner-in-person K.L.J.A. Kiran Babu, alleging that the Bar Councils violate the 2024 judgment by continuing to charge excessive enrollment fees. Appearing before a bench comprising Justices J.B. Pardiwala and R. Mahadevan, the petitioner asserted that any citizen has the right to move a contempt petition in the event of non-compliance with a court order.

Although the bench refrained from issuing a formal notice in the contempt proceedings, it expressed concern over the matter and stated the need for clarity from the BCI. The Court ordered:

“For the present, we are not inclined to issue notice, however, we would like to know from the BCI whether the directions issued in the main judgment, i.e., para 109, are being complied with in their letter and spirit or not. We request Mr. Manan Mishra, the learned counsel, who also happens to be the Chairman of the BCI, to appear in this matter and assist us.”

Paragraph 109 of the 2024 judgment had laid down the following key directions:

• State Bar Councils cannot charge enrollment fees beyond what is prescribed under Section 24(1)(f);
• Only the statutory enrollment fee and stamp duty (if any) are allowed as preconditions to enrollment;
• Charging excess fees violates Articles 14 and 19(1)(g) of the Constitution;
• The judgment is to have a prospective effect—no refunds are required for excess fees already collected.

Earlier this year, in January 2025, the BCI had moved an application seeking to revise and increase the enrollment fees to INR 25,000, despite the Court’s clear directions. Mishra has been directed to appear before the Supreme Court on August 8 to assist with clarifications regarding the compliance status of the judgment.