For every one of us, the day
we enrolled as an advocate was the culmination of years of hard work, sleepless
nights, and the profound dream of upholding justice. It was a day of solemn
commitment, secured by a fee that was manageable. But today, that fundamental
right to practice is being shadowed by an astronomical ₹๐๐,๐๐๐ ๐๐ง๐ซ๐จ๐ฅ๐ฅ๐ฆ๐๐ง๐ญ ๐๐๐ for
some, and a prohibitive ๐๐๐๐% ๐ก๐ข๐ค๐ for
those who dare to run for Bar Council election. This isn't just about money;
it’s about whether the legal profession will remain noble and accessible, or
become an exclusive club.
https://lnkd.in/d-_g5XpB
Recent actions by the Bar
Council of Kerala (BCK) concerning new advocate enrollments have triggered a
major legal and financial controversy, forcing the Kerala High Court to
intervene. At the heart of the crisis is the BCK's practice of charging retired
individuals and certain applicants an "exorbitant" enrollment fee of
around ₹60,400/-, a massive leap from the statutory fee of just ₹750/-
prescribed by the Advocates Act, 1961.
The issue was recently brought
before the High Court by a retired government employee who completed his LLB
via evening classes. The BCK not only resisted his application based on the
mode of his education but also insisted on the hefty fee. The petitioner argued
that this differential fee structure is not only arbitrary and discriminatory
but is also a direct violation of constitutional rights to equality and to
practice a profession.
The High Court's intervention
is significant. It has questioned the legality of the BCK imposing such high
fees, especially in light of the Supreme Court's prior rulings that
categorically disallowed State Bar Councils from collecting any "optional fees"
beyond the statutory minimum. The court's interim directive to the BCK to
provisionally accept the petitioner’s application marks a potential victory
against financial exclusion in the legal profession.
Furthermore, the High Court
has also pushed back on the BCK's attempt to deny enrollment to candidates who
acquired their law degrees through evening courses. By directing the BCK to
process the application of the retired employee, the court has implicitly
reaffirmed that degrees recognized by the BCI should not be summarily
invalidated based on class schedules.
This ongoing judicial scrutiny
highlights a critical debate: should State Bar Councils act as gatekeepers to
the legal profession through financial and arbitrary educational hurdles, or
should they focus on ensuring a transparent and accessible enrollment process
in compliance with the law? The outcome of these cases will have far-reaching
consequences for thousands of future law graduates in Kerala.
#EnrollmentFees #LegalDemocracy
#AccessToJustice #BarCouncilElections
⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.
