• The Supreme Court said that burdening the marginalised with exorbitant enrolment fees in an already predisposed legal system will create further barriers and violate their dignity which is crucial to substantive equality.

• The observations were made by the Supreme Court in a judgment by which it held that the state bar councils  cannot charge exorbitant fees for enrolling law graduates as lawyers.

• A bench comprising Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra said the state bar councils and the Bar Council of India (BCI) cannot charge more than Rs 750 and Rs 125 for enrolling law graduates from the general and SC-ST categories respectively.

• It held that the Bar Council of India and the state bar councils, which are authorised under the Advocates Act to enrol law graduates as lawyers, cannot override the legal provisions which have been enacted by Parliament.

• Referring to Section 24 of the Advocates Act, 1961, the bench said the fee for a law graduate to be enrolled as a lawyer is Rs 650 and Parliament alone can increase it by amending the law.

Bar Council of India

• The Bar Council of India (BCI) is a statutory body created by Parliament to regulate and represent the Indian bar. 

• The BCI was constituted under the Advocates Act, 1961 and it has been empowered among other things, to lay down standards of professional conduct and etiquette for lawyers and to maintain and improve the standards of legal education in the country. 

• While the state bar councils are the authorities for enrolment of advocates, the state bar councils and the Bar Council of India together enforce discipline among lawyers. 

• The Bar Council of India acts as appellate authority in respect of disciplinary matters.

• The Council meets at regular intervals to transact business in accordance with the agenda circulated to the members. 

• It performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.

Functions of BCI:

• To lay down standards of professional conduct and etiquette for advocates.

• To lay down procedure to be followed by its disciplinary committee and the disciplinary committees of each state bar council.

• To safeguard the rights, privileges and interests of advocates.

• To promote and support law reform.

• To deal with and dispose of any matter which may be referred to it by a state bar council.

• To promote legal education and to lay down standards of legal education.

• To recognise universities whose degree in law shall be a qualification for enrolment as an advocate. 

• To organise legal aid to the poor.

• To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for the purpose of admission as an advocate in India.

Members of bar council 

The Bar Council of India consists of members elected from each state bar council, the Attorney General of India, and the Solicitor General of India. 

Leadership: Each bar council shall elect a chairman and a vice-chairman as prescribed by law.

Ex-Officio Members:

• The Attorney General of India.

• The Solicitor General of India.

Total Members: 15

• Advocate-General: One member.

• Nominated by the High Court: Four members (up to two may be High Court judges).

• Elected advocates: 10 members elected by advocates from among their number in the High Court.

• Eligibility: At least five of the elected members must have been entitled to practise in the High Court for which the Bar Council was formed for at least ten years.

Tenure:

• Chairperson and members: The nominated and elected members serve for a term of three years from the date of the Council’s first meeting.

• Members cannot withdraw from membership unless the reasons are deemed genuine and meet the statutory terms.

Disqualification:

An elected member is disqualified if:

• They miss three consecutive meetings of the Council without a sufficient excuse.

• Their name is removed from the roll of advocates for any reason.

• They are otherwise disqualified under any rule made by the Bar Council of India.

(The author is a trainer for Civil Services aspirants.)