Professional ethicsEnrolmentSupreme Court of India

Gaurav Kumar v Union of India

2024 INSC 558; W.P.(C) No. 352 of 202320242 min read
The case in brief30-second read
Facts
Petitions challenged the enrolment fees charged by several State Bar Councils, which went well beyond the amount stated in S.24(1)(f) of the Advocates Act. Related transferred cases and transfer petitions from High Courts were heard together.
Issue
Can a State Bar Council or the BCI charge enrolment fees and other charges beyond the stipulation in S.24(1)(f)?
Held
The SBCs cannot charge "enrolment fees" beyond the express legal stipulation under S.24(1)(f) (para 109(a)).
Principle
State Bar Councils and the BCI cannot charge any fee for enrolment beyond the enrolment fee and stamp duty fixed by S.24(1)(f).
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Facts

  • Petitions challenged the enrolment fees charged by several State Bar Councils, which went well beyond the amount stated in S.24(1)(f) of the Advocates Act.
  • Related transferred cases and transfer petitions from High Courts were heard together.

Issue

  1. Can a State Bar Council or the BCI charge enrolment fees and other charges beyond the stipulation in S.24(1)(f)?

Held

  • The SBCs cannot charge "enrolment fees" beyond the express legal stipulation under S.24(1)(f) (para 109(a)).
  • The SBCs and the BCI cannot demand any fee other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment (para 109(b)).
  • Charging more violates Art. 14 and Art. 19(1)(g) (para 109(c)).
  • The decision is prospective; excess fees already collected need not be refunded (para 109(d)).

Ratio decidendi

A statutory body regulating entry to a profession can impose only the fiscal conditions the statute fixes; anything more is an unreasonable restriction on the right to practise.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for the enrolment fee under S.24(1)(f) and the limits on Bar Council power at enrolment.
  • Part B (16 marks): Use in answers on enrolment, Bar Council powers and critique of Bar Councils. The statutory fee is Rs 750 for a general candidate (Rs 600 to the State Bar Council and Rs 150 to the BCI). The judgment's summary at para 5 mentions "one hundred" for the BCI, which does not match the statute; quote the section, not para 5. Para 67 confirms the total of Rs 750 (Rs 125 for SC and ST candidates). Also on Indian Kanoon: https://indiankanoon.org/doc/46300019/
  • Key line for exam: "The SBCs and the BCI cannot demand payment of fees other than the stipulated enrolment fee and stamp duty, if any, as a pre-condition to enrolment" (para 109(b)).

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Citation

Gaurav Kumar v Union of India 2024 INSC 558; W.P.(C) No. 352 of 2023

Reported: https://api.sci.gov.in/supremecourt/2023/8409/8409_2023_1_1501_54239_Judgement_30-Jul-2024.pdf. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.