D. Y. CHANDRACHUD, J. B. PARDIWALA
Gaurav Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Dr Dhananjaya Y. Chandrachud, CJI
| Table of Contents |
| A. Background |
| B. Issues |
| C. Submissions |
| D. Legal background |
| i. All India Bar Committee |
| ii. Advocates Act: A Complete Code |
| iii. Delegated legislation |
| iv. Power to levy fees |
| v. Regulatory fees |
| E. Fees charged by the SBCs |
| F. SBCs cannot charge enrolment fees beyond the mandate of Section 24(1)(f) |
| i. Legislative Scheme |
| ii. Bar Councils cannot levy fees beyond the express stipulation of law |
| G. All fees charged at the time of enrolment are ‘enrolment fees’ |
| i. Charges other than the enrolment fee cannot be a valid pre-condition |
| ii. Article 14: substantive equality and manifest arbitrariness |
| iii. Article 19(1)(g): unreasonableness |
| H. Financial implications for the SBCs and the BCI |
| I. Conclusions |
1. The proceedings under Article 32 of the Constitution address a challenge to the validity of the enrolment fees charged by State Bar Councils. 1[“SBCs”] The grievance is that the fees charged by the SBCs at the time of admission of persons on State rolls are more than the enrolment fee prescribed under Section 24(1)(f)
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