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Law graduates are being charged exorbitant registration fees by the Bar Council of Uttarakhand, according to a PIL filed in the Uttarakhand High Court. As per the order, the Bar Council of Uttarakhand, BCI, the Union and the State government have four weeks to file a reply. Chief Justice Raghvendra Singh Chauhan presided over the bench. Dehradun-based social service organisation Rural Litigation and Entitlement Kendra filed the PIL. State Bar Councils are only allowed to charge 750 rupees as enrolment fees under Advocates Act, 1961, Section 24(1)(f). Entrance fees for general candidates over 40 years are 18,650 rupees, and reserved candidates over 40 yrs are 15,525 rupees, in contravention of statutory directives.
An Advocate cannot be enrolled if the respondent Bar Council charges fees or charges beyond the statutory requirements, according to the plea. This grievance is directly and intricately related to the fundamental rights to equality, profession, life, and death guaranteed by Articles 14, 19, 21 of the Indian Constitution, according to the petition. As a result, the State Bar Council's imposition of such high enrolment fees violates Section 24(f) of the Advocates Act 1961. As well as making enrolment fees affordable for all classes of people, the legislature wanted to maintain uniformity in such a levy across the country. Consequently, the State Bar Council has acted in bad faith by disobeying the statutes mentioned above, according to the plea. A second argument made by the petitioner was that the State Bar Council Rules discriminate against candidates based on their age, which is unconstitutional. "The respondent authorities have created an unjustified classification based on the age of the person seeking to become an advocate. The plea contends that a 40-year-old classification is unreasonable and in violation of Articles 14, 19 and 21 of the Indian Constitution. The Uttarakhand Medical Council charges Rs. 3,000 as enrolment fees, while the Engineering Council of India charges Rs. 6,000 as enrolment fees. Thus, the State Bar Council charges exorbitantly high enrolment fees in comparison to other professions, according to the complaint.
The petitioner outlined the discrimination faced by economically disadvantaged law graduates. "Many law graduates are prevented from enrolling due to a lack of funds by the high enrolment fees, denying them justice. Charges so high that they are unaffordable violate the right to practise a profession." In January 2020, a similar petition challenging the enrolment fee prescribed by the Delhi Bar Council had been filed with the HC. Attorney Kartikey Hari Gupta represents the petitioner.
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