Supreme Court Limits Advocate Nomination Fees to ₹600, Reinforces Bar Council Regulations

The Supreme Court has announced that the nomination fees imposed by the State Bar Council and the Bar Council of India (BCI) should not exceed the limits set by the Advocates Act. The decision, delivered by a bench led by Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasized compliance with Section 24(1)(f) of the Advocates Act, which limits the nomination fee to ₹600.

The court clarified that the Act does not authorize any varied fees, stating, “Only the nomination fee and stamp duty prescribed by law are payable. The State Bar Council and BCI cannot demand any fees exceeding those stipulated by the Advocates Act.” This directive aims to ensure that no additional fees are imposed under the guise of other charges.

Additionally, the effects of this ruling will be prospective, meaning that there will be no requirement to refund any excessive fees collected before this decision. The court highlighted the key points in its ruling:

1. No fee exceeding that specified in Section 24(1)(f) of the Advocates Act.

2. Only the nomination fee and stamp duty are acceptable.

3. Any additional fee is a violation of Article 19(1)(d) of the Constitution, which protects the right to practice any profession.

4. The effects of the judgment are prospective; previously collected excess fees should not be refunded.

However, the court noted that the Bar Council could charge fees for services such as legal aid, but these fees should not be imposed at the time of lawyer registration.

This decision came after the Supreme Court consolidated various petitions challenging high nomination fees imposed by State Bar Councils in Kerala, Tamil Nadu, Maharashtra, and Uttar Pradesh. These cases, which were initially pending in various High Courts, were transferred to the Supreme Court by the BCI to centralize the proceedings and avoid inconsistent judgments.

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During the hearing in April, Advocate Vrinda Bhandari highlighted the financial struggles of a petitioner from the marginalized Pardhi community, who paid ₹21,000 for registration and ₹1,500 for the application form. Due to financial constraints, the petitioner resorted to a private fundraising campaign via WhatsApp.

While senior advocates Manan Kumar Mishra and S Prabhakaran, representing the BCI, defended the fees by citing welfare initiatives for lawyers.