The Karnataka High Court has directed the Karnataka State Bar Council (KSBC) to refund the excess enrolment fee collected from an advocate, holding that the council cannot impose or collect any amount beyond what is prescribed under the Advocates Act, 1961. The court clarified that the enrolment fee payable by an applicant for admission to the Bar is fixed by law, and no additional or optional amount can be levied by the State Bar Council under any circumstance.
The case was initiated after an advocate who enrolled with the KSBC in October 2024 approached the court, stating that the council had charged him an enrolment fee much higher than the statutory amount. As per Section 24(1)(f) of the Advocates Act, the enrolment fee payable to the State Bar Council is ₹750, with a corresponding amount to be paid to the Bar Council of India. However, the petitioner contended that he was made to pay an additional sum of ₹6,800, which was described as an “optional” charge by the council. He argued that such a levy was arbitrary and contrary to the provisions of the Advocates Act and sought a refund of the excess amount.
During the hearing, the Karnataka State Bar Council admitted that it had collected the higher amount before the Supreme Court’s decision clarifying that such additional fees are not permissible. The council expressed its willingness to refund the excess payment if the petitioner submitted a formal representation along with his bank account details. The High Court accepted this statement and directed the petitioner to submit the required representation within two weeks. The court also ordered the KSBC to process the refund within three weeks from the date of receiving the representation.
The bench observed that once the Advocates Act prescribes the enrolment fee, no State Bar Council has the authority to collect additional sums, regardless of how they are labelled. The court underscored that any deviation from the statutory structure amounts to a violation of the rule of law and the constitutional principles of fairness and equality. It further noted that such practices burden young lawyers entering the profession and must be discontinued immediately.
Reaffirming the supremacy of the statutory provisions, the Karnataka High Court made it clear that the KSBC and other similar bodies must adhere strictly to the fee structure outlined in the Advocates Act. The order not only ensured relief for the petitioner but also set a precedent prohibiting the collection of excess or unauthorized enrolment fees from future applicants.
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