The price of enrolment: Aspiring lawyers in Karnataka are paying heavy fees

The recent plea filed by the Bar Council of India (BCI) before the Supreme Court to increase the enrolment fee for advocates from ₹750 to ₹25,000 has resulted in a debate among the legal fraternity..Many argue that the proposed hike will be a problem, particularly for lawyers and law students from low-income families. However, aspiring lawyers in Karnataka have been finding themselves at odds with the very system they hope to serve, as the Karnataka State Bar Council (KSBC) continues to levy enrolment fees far exceeding the limits set by the apex court in Gaurav Kumar v. Union of India, passed in July last year.In that judgment, a Bench of then Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala had said that Section 24(1)(f) of the Advocates Act lays down the fees that can be collected by State Bar Councils and the BCI, which is ₹750 for general category candidates and ₹125 for Scheduled Castes/Scheduled Tribe (SC/ST) candidates..We filed Right to Information (RTI) applications to reveal a clearer picture of the breakdown of such fees..Until the Supreme Court’s 2024 judgment, the KSBC’s enrolment charges amounted to around ₹15,500 for general category candidates and ₹12,500 for those belonging to the SC/ST category.Before opening enrolments for the year 2024-25 in September 2024, the State Bar Council revised the charges in ‘compliance’ with the apex court’s judgment, thus, bringing the enrolment fee down to ₹750 and ₹125 for both categories respectively..Despite the Supreme Court’s explicit prohibition on exorbitant charges, law graduates, both from the general and the reserved categories in the State, are forced to pay hefty amounts.General category candidates hoping to get enrolled with the KSBC are required to pay a sum of ₹9,930. This includes ₹2,000 towards stamp paper charges and ₹300 as the application fee.Those from the reserved categories need to pay ₹9,225 if they wish to enroll with KSBC..KSBC says that the amount is in compliance with the Advocates Act. It claims that out of the ₹9,880 for general category candidates, only ₹750 - the maximum amount permitted under the Act - is charged as “enrolment fee.” The remaining ₹6,880 is only an “optional fee” used for the welfare of advocates, it said.The same goes for reserved category candidates, who pay ₹125 as “enrolment fee” and ₹6,800 towards the optional “other fee” besides the stamp duty and application charges..However, the catch here is that the optional fee is optional only in name and when securing the enrolment form, every applicant is directed to draw a demand draft worth ₹6,800 in KSBC’s name along with the other charges.As per the KSBC’s reply to RTI queries raised between September 1, 2024 and November 1, 2024, the Council received a total of 2,764 applications for enrolment.All the above applications were accepted and every single one of the 2,764 candidates paid the optional fee amount of ₹6,800.On January 10, 2025, another 450 applicants got enrolled as advocates with KSBC and each one of them, irrespective of their social and economic status, paid such optional fee..The illusion of choice.Most applicants we spoke to said that they paid the optional fee since they were asked to pay the entire amount by the enrolment authorities. Others said that they did so as they did not want to create any conflict or cause obstruction to their enrolment process.“It says optional fees, but the notice in the KSBC office says everyone has to pay the ₹6,880 besides the enrolment fee. I thought of questioning it but most of my friends had already paid the amount since they were planning to appear for the All-India Bar Examinations and did not want to invite any trouble. So, I also decided to pay and get done with it,” an applicant said on the condition of anonymity..Another law graduate, who enrolled with KSBC on January 10 this year, said,“I was told that no one really objects to such payment. And they said if there were any special circumstances under which an applicant could not pay the optional fee, such applicants will have to forego some welfare benefits.".KSBC chairperson Vishala Raghu LM said that so far “no one” has refused to pay the optional fee amount.“But if someone were to decide against paying, they will have to forego the medical claim, the financial hardships claim, the death claim etc. that members are otherwise entitled to,” Raghu said..KSBC authorities also said that the said optional fee is used only for welfare of members, and for paying salaries etc. for all of which the Bar body maintains an account..Breakdown of fees.KAWF Membership Fee- ₹2,100.“Section 15 of the KAWF Act and Rules makes membership to the Karnataka Advocates Welfare Fund compulsory. All members are then eligible for receiving medical claim, retirement claim, financial hardships claim. And the death claim is sanctioned to the family of any member advocate who dies. At present, the death claim amount slab is between ₹4 lakh and ₹8 lakh. The medical claim amount comes to around ₹1.5 lakh for every member,” a KSBC official said.“Besides, this amount is credited only to the KAWF Trustee account and is used exclusively for the welfare of advocates. Nothing is dealt in cash. Every paisa spent from the fund is accounted for,” they added.KSBC Law Academy- ₹1,000Such amount, KSBC said, is used only for law workshops and training conducted for junior advocates.BCI-AWF life membership fee- ₹3,000BCI-AWF one-time subscription fee- ₹300Certificate and postage charges- ₹100This money, the Council said, is sued to despatch the enrolment certificates and ID cards to new members.Digital ID card-₹50“We out source the making of the digital ID card. The vendor charges us ₹50 per card, and we charge the same,” KSBC said..The Council says it is from the enrolment fee amount of ₹750 and ₹125 charged from general category and reserved category candidates respectively, that it funds its office expenses.“The KSBC has no intention of charging any unfair amount or even going against the Supreme Court judgement. If you see the fee structure, you will realise the enrolment fees is in accordance with the Supreme Court judgement and the Advocates Act. It is the optional fee that is extra but it is used only for the advocates. We do not use it to pay salaries or for our office expenses even though our expenses are quite a lot. That is why the Bar Council of India too has sought an increase in the enrolment charges. You see, this amount of ₹750 was fixed by the Advocates Act in 1961. Since then, what about the change in prices and cost of living? One rupee in 1961 will be worth so much more in 2025. That is why the Advocates Act needs to be amended,” Raghu said..As per its records, KSBC spends around ₹15.7 lakh per month on office expenses, which includes the salary worth ₹9,66,554 that it pays to its 20 members every month.“Add it to it the electricity, cleaning, and internet charges. And then there are miscellaneous expenses. On days that hundreds of advocates get enrolled together, we need to rent out space to accommodate them. We usually rent out the Press Club of India Hall adjacent to the Karnataka High Court building. They charge ₹20,000 per day just for the space. For everything else, including chairs that one can sit on, we need to pay extra. Where do we find the money to meet these expenses then?” Raghu said..The KSBC also said that it has held 15 meetings between August 1, 2024 and November 1, 2024 and that the need to amend the Advocates Act to make the enrolment fee commensurate with the current times has been discussed in “most” of these meetings.What remains to be seen, however, is whether KSBC will take any concrete steps to balance its financial needs with its responsibility to support aspiring lawyers or, whether the burden will continue to fall on those least able to bear it.