Madhya Pradesh High Court Directs State Bar Council to Register Advocate Without Transfer Fees
Judgment Clarifies Section 18 of the Advocates Act, 1961, Mandating Fee-Free Transfers Between State Bar Councils.
In a significant ruling, the Madhya Pradesh High Court has directed the State Bar Council to register the name of advocate Rohit Pathak without charging any transfer fee. The decision, delivered by Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, reinforces the provisions of Section 18 of the Advocates Act, 1961, which mandates the transfer of an advocate’s name from one State Bar Council to another without the payment of any fee.
Rohit Pathak, who was initially enrolled with the Bar Council of Delhi, sought the transfer of his enrollment to the Bar Council of Madhya Pradesh due to personal reasons. Despite the Advocates Act’s clear stipulation of a fee-free transfer process, the Bar Council of Madhya Pradesh demanded a substantial sum of Rs. 15,000 for registering Pathak’s name, prompting him to challenge the demand in court.
The court noted that Pathak had complied with all necessary procedures, including surrendering his certificate of enrollment to the Bar Council of Delhi for endorsement and obtaining a transfer order from the Bar Council of India dated July 5, 2025. However, instead of registering his name in the roll of advocates, the State Bar Council demanded an exorbitant transfer fee.
The judgment emphasized the legal requirement under Section 18, which clearly states that the transfer of an advocate’s name between State Bar Councils must occur without any fee. The court further directed the State Bar Council of Madhya Pradesh to comply with this provision and register Pathak’s name without charging any fee at this stage, pending further orders.
Legal experts have hailed the judgment as a reaffirmation of the rights of advocates under the Advocates Act, ensuring that bureaucratic hurdles do not impede their professional mobility. The decision is expected to set a precedent for similar cases, preventing State Bar Councils from imposing unjustifiable financial demands on advocates seeking transfers.
The case will be revisited on October 7, 2025, to ensure compliance with the court's directive and address any further issues that may arise.
Bottom Line:
Advocates Act, 1961 - Section 18 - State Bar Council cannot demand transfer fees for registering the name of an advocate who has already been transferred from one State Bar Council to another by the Bar Council of India.
Statutory provision(s): Advocates Act, 1961 - Section 18
Rohit Pathak v. Bar Council of India, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2778412
