Institute of Legal and Management Studies

The Supreme Court today(August 25) issued notice in a writ petition claiming that the Bar Council of Uttar Pradesh is charging Rs. 14,000 in the name of a certificate of practice in violation of the Court's Gaurav Kumar v. Union of India (2024).

In Gaurav Kumar, the Supreme Court held that the Bar Councils cannot charge enrolment fees beyond what is prescribed under Section 24 of the Advocates Act, 1961. Therefore, it stated that as stipulated in Section 24, the enrolment fee cannot exceed Rs. 750 for advocates belonging to the general category and Rs. 125 for advocates belonging to the Scheduled Castes/Scheduled Tribes categories.

Initially, when the matter was mentioned before a bench comprising Justice JB Pardiwala and Justice KV Viswanathan, the Court asked why such petitions are being continuously filed when a judgment has already been given.

The Counsel, representing petitioner Deepak Yadav, a practising advocate, pointed out that before the Gaurav Kumar judgment, the UP Bar Council was charging Rs. 16,500 as enrollment fees. However, now, despite the Court saying that enrollment fees can't exceed Rs. 750, the Bar Council continues to charge Rs. 14,000 in the name of giving certificate of practice. The Counsel also referred to an official communication of the UP Bar Council in this regard.

Considering that the communication is in prima facie violation of the Court's 2024 directions, it ordered: " The issue raised in this writ petition has been set at rest by the decision Gaurav Kumar dated 30 July, 2024. The final directions issued contained in para 109 are thus. He has brought to our notice a communication dated 20 July, 2025, which reads thus. Prima facie, the communication issued by the Bar Council of Uttar Pradesh is in direct conflict with directions issued in Gaurav. Issue notice."

It should be noted that recently, a bench comprising Justice JB Pardiwala and Justice R Mahadevan had clarified that the Bar Council of India or the State Bar Councils can't collect any fees over and above the statutory fees as an "optional fee" for enrolment.

Case Details: DEEPAK YADAV Vs BAR COUNCIL OF INDIA|W.P.(C) No. 774/2025