CUTTACK: The Odisha State Bar Council (OSBC) has stopped the enrollment process for law graduates seeking to be advocates in the state.
In a notice issued on Tuesday, secretary of OSBC JK Samantasinghar said, “In view of the judgment of the Supreme Court in the matter of Gaurav Kumar vrs Union of India and others, the enrolment process and sale of forms for enrolment is stopped with immediate effect till necessary decision is taken by the council in this regard.”
The Supreme Court on Tuesday ruled that state bar councils (SBCs) cannot charge more than the enrolment fees stipulated in the Advocates Act of 1961. Section 24 of the Advocates Act stipulates that a lawyer registering as an advocate has to pay an enrolment fee of Rs 750 (General category) and Rs 125 (SC & ST category) along with stamp duty payable to the SBC and Bar Council of India.
The apex court gave the judgment taking note that at present, SBCs insist on thousands of rupees as miscellaneous charges along with the registration fee. Odisha State Bar Council charges the highest at Rs 42,000, followed by Manipur at Rs 16,600 and Maharashtra Rs 15,000.
The SBCs do not have the power to prescribe enrolment fee contrary to the statutory stipulation as they are delegated authorities, the apex court ruled, while directing the state bar councils to ensure that the provision pertaining to the quantum of enrolment fee to be charged is not defeated under the garb of different nomenclatures.
The main contention raised before the Supreme Court was that charging such exorbitant fees effectively denies the facility of enrolment to young aspiring lawyers who do not have the resources.
The Orissa High Court kept pending two PILs seeking intervention against charging of Rs 42,000 towards enrolment fee by the OSBC till the matter was decided by the Supreme Court in the Gaurav Kumar vrs Union of India and others.
Binayak Subudhi and Anand Kumar Sharma had filed the petitions on May 2, 2022 and September 25, 2023.