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Advocate files PIL challenging 'exorbitant enrolment fee’ charged by the Bar Council; Chandigarh HC issues notices seeking a reply

Team SoOLEGAL 18 Aug 2020 3:24pm

Advocate files PIL challenging 'exorbitant enrolment fee’ charged by the Bar Council; Chandigarh HC issues notices seeking a reply

New Delhi: A Public Interest Litigation (PIL) has been filed by a 28-year old advocate, Pardhuman Garg against the practice of levying exorbitant and illegal enrolment fees worth Rs 16,400/- on law graduates. 

The petitioner argued before the bench that “Advocates Act, 1961, is the primary legislation governing legal practitioners in India. It inter-alia governs aspects pertaining to constitution of Bar Councils, admission and enrolment of advocates, their rights to practice and their conduct.” Also mentioned that Section 24(1)(f) of the 1961 Advocate Act  provides that a person has to pay Rs 600/- to the State Bar Council and Rs 150/- to the Bar Council of India for getting enrolled  as an advocate. In addition, the enrolment fee payable is Rs 100/- to the State bar council, and Rs 25/- to the Bar Council of India if he / she belong of the Scheduled Caste or Scheduled Tribe.

The Punjab and Haryana Bar Council used to charge exorbitant enrollment fees against its statutory mandate. State Bar Assemblies used Rs 8,600/- as a fee to charge for enrollment, Rs 1050 to Bar Council of India, Rs 1,000/- as building fund and Rs 5,000 for the Welfare and Insurance Fund. When the applicant wished to get himself/herself enrolled the same day, the State Bar Council used to charge an additional amount worth Rs 5,000 toward the circulation fee.

 “In addition to the prohibition as 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 additional fee towards enrolment and circulation fee”, the petitioner argued.

After hearing the matter, a division bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli issued notice to the Bar Council of Punjab and Haryana and to the Bar Council of India seeking a reply by November 5.




Tagged: exorbitant enrolment fee   Bar Council   Chandigarh HC   Advocates   Public Interest Litigation   illegal enrolment fees   Advocates Act   Chief Justice Ravi Shanker Jha   Justice Arun Palli   Punjab and Haryana Court  
Did you find this write up useful? YES 0 NO 1
Binayak Subudhi   27 Aug 2020 4:56pm
please provide the case no/ diary no or any case details. I am pursuing the same issue on a different high court.
Reply
Binayak Subudhi   27 Aug 2020 4:56pm
please provide the case no/ diary no or any case details. I am pursuing the same issue on a different high court.
Reply
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