Deepak Yadav Vs Bar Council of India & Anr. (Supreme Court of India)
In the case of Deepak Yadav Vs Bar Council of India & Anr., the Supreme Court of India is examining a writ petition filed by an advocate challenging the fees charged by the Bar Council of Uttar Pradesh (BCUP) and the Bar Council of India (BCI) for issuing Certificates of Practice and identity cards. The petitioner seeks a waiver of these fees, which amount to Rs. 14,500 for general and OBC categories, and Rs. 13,500 for SC/ST categories, along with an additional Rs. 500 annual fee or Rs. 6,000 one-time payment for lifetime BCI membership.
The Supreme Court referenced its earlier decision in Gaurav Kumar Vs Union of India and Ors. (30-07-2024), which directly addressed the issue of excessive fees charged by State Bar Councils (SBCs). In that precedent-setting judgment, the Court concluded that SBCs could not charge enrollment fees beyond the specific legal limits set by Section 24(1)(f) of the Advocates Act. It held that any additional fees beyond the stipulated enrollment fee and stamp duty were a violation of Articles 14 and 19(1)(g) of the Constitution, which protect the right to equality and the right to practice any profession. The Gaurav Kumar judgment, however, was given prospective effect, meaning SBCs were not required to refund fees collected before the date of the judgment.
