Gaurav Kumar vs Union of India & Ors.
2024 INSC 558
Coram: Hon’ble Chief Justice of India Dr Dhananjaya Y Chandrachud & Hon’ble Justice J B Pardiwala
Forum: Hon’ble Supreme Court of India
Case No.: Writ Petition (Civil) No. 352 of 2023
Date of Decision: July 30, 2024

Facts/Background:

  • Mr. Gaurav Kumar a law graduate was the Petitioner.
  • The Respondents were the Union of India, the Bar Council of India(BCI) and the State Bar Councils (SBC’s) responsible for managing the enrolment of advocates in their respective states.
  • The dispute arose when the State Bar Councils charged enrolment fees, which exceeded the statutory limit under Section 24(1)(f) of the Advocates Act.
  • The Petitioner filed a Writ Petition under Article 32 of the Constitution before the Supreme Court seeking a declaration that enrolment fees charged by SBCs violate Section 24(1)(f) of the Advocates Act.
  • The Supreme Court consolidated and transferred similar cases from the High Courts of Kerala, Madras and Bombay for joint consideration of the validity of enrolment fees charged by the SBCs.

Main Issue:

  1. Whether the enrolment fees charged by the SBCs were in contravention of Section 24(1)(f) of the Advocates Act, 1961?
  2. Whether payment of other miscellaneous fees could be a pre-condition for enrolment? (Paragraph 8)