Bar Council Enrollment Fee Waiver Case: Supreme Court Issues Notice to BCI and BCUP [Read Judgement]
Supreme Court questions Bar Council fee demand, cites conflict with 2024 ruling in Gaurav Kumar case; notice issued to BCI, BCUP
Bar - council - India - Taxscan
Bar - council - India - Taxscan
The Supreme Court has issued notice to the Bar Council of India (BCI) and the Bar Council of Uttar Pradesh (BCUP) on a writ petition challenging the levy of additional charges for issuance of the Certificate of Practice (COP) and identity cards.
The petition, filed under Article 32 by advocate Deepak Yadav, sought directions to waive fees of ₹14,500 for General and OBC candidates and ₹13,500 for SC/ST candidates charged by the UP Bar Council for COP and ID cards. It also challenged the additional levy of ₹500 annually or ₹6,000 as a one-time lifetime payment to the BCI’s collection fund account.
The matter came up before a bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan on August 25, 2025. The petitioner’s counsel, including Advocate Pradeep Kumar Yadav, argued that the fees were contrary to the apex court’s 2024 ruling in Gaurav Kumar v. Union of India. In that case, the Court had held that State Bar Councils cannot charge enrolment or related fees beyond what is expressly stipulated under Section 24(1)(f) of the Advocates Act, 1961, apart from the prescribed stamp duty.
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In Gaurav Kumar, the Supreme Court categorically ruled that any additional charges imposed by Bar Councils at the time of enrolment violate Articles 14 and 19(1)(g) of the Constitution. However, it clarified that the ruling would have prospective effect, and refunds for past collections were not required.
Despite this, the petitioner pointed to a communication dated July 20, 2025, issued by the Bar Council of Uttar Pradesh, directing fresh applicants who had cleared the All India Bar Examination (AIBE) to deposit demand drafts for COP applications. The notice specified that certificates and ID cards would be issued only after such deposits were made.
The bench observed that the Bar Council’s communication appeared to be in direct conflict with the Court’s earlier directions in Gaurav Kumar. Taking note of the apparent contradiction, the Court issued notice to the BCI and BCUP, returnable within four weeks, and also permitted dasti service for faster compliance.
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The case raises critical questions about the legality of enrollment-related levies imposed by Bar Councils, despite clear restrictions laid down by the Supreme Court.
The matter will now be heard in detail after the respondents file their replies.
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