The Supreme Court in a significant ruling today held that exorbitant enrollment fees charged by the State Bar Councils (SBCs) violate an aspiring lawyer's right to choose a profession and dignity. Compelling lawyers from marginalised sections to pay hefty enrollment fees strikes at the heart of principles of equality.
The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories.
The Court observed the quintessential link between the right to profession under Article 19(1)(g) and how it impacts the other fundamental rights- the right to dignity under Article 21 and the right to equality under Article 14. It stressed how having the ease of choosing one's profession and earning a livelihood out of it ensured the individual's dignity and equal standing in society.
" Dignity is crucial for substantive equality. The dignity of an individual encompasses the right of an develop their potential to the fullest. The right to pursue a profession is one's choice and earning, the right to livelihood is integral to the dignity of an individual. Charging exorbitant enrolment fees and miscellaneous fees as a precondition for enrolment creates a barrier into the entry of the legal profession."
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