State Bar Councils continued to charge fees beyond the statutory limits : Supreme Court reacts

Supreme Court Directs Bar Councils to Comply with Statutory Fee Regulations. State Bar Councils Warned Against Withholding Enrollment Documents Over Fee Disputes

In a significant ruling aimed at ensuring compliance with statutory fee prescriptions, the Supreme Court of India has issued strict directives to the Bar Council of India and all State Bar Councils. The apex court, led by Justices J.B. Pardiwala and K.V. Viswanathan, emphasized the necessity for adherence to the statutory fee limits and prior directions issued in the case "Gaurav Kumar v. Union of India."

During the proceedings of the contempt petition filed by Priyadarshini Saha against Pinaki Ranjan Banerjee, the court noted that despite previous instructions, some State Bar Councils continued to charge fees beyond the statutory limits. The Bar Council of India, represented by Ms. Radhika Gautam, has been instructed to address this issue urgently through a written circular to all State Bar Councils, mandating immediate compliance.

The court underscored that failure to adhere to these directives could result in contempt proceedings against the responsible authorities. Furthermore, the court directed that no State Bar Council should withhold the documents of applicants seeking enrollment on the grounds of non-payment of fees. Once applicants pay the prescribed statutory fees, their documents should be promptly returned.

The Supreme Court has given the Bar Council of India a four-week deadline to ensure compliance and has emphasized that any future violations will be taken seriously. This ruling reinforces the court's commitment to uphold the rule of law and ensure fair practices in the legal profession.

Statutory provision(s): Contempt of Court Act, Enrollment of Advocates regulations, Statutory fee prescriptions for Bar Councils

Priyadarshini Saha v. Pinaki Ranjan Banerjee, (SC) : Law Finder Doc id # 2801430