Burdening marginalised with exorbitant enrollment fees will create further barriers, says Supreme Court

The Supreme Court, today, Tuesday, July 30 said, that burdening the marginalised with exorbitant enrollment fees in an already "predisposed" legal system will create further barriers and violate their dignity which is crucial to substantive equality. This was stated in a report by PTI.

The observations were made by the top court in a judgment by which it held that the state bar councils (SBCs) cannot charge exorbitant fees for enrolling law graduates as lawyers.

Furthermore, a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said the SBCs and the Bar Council of India (BCI) cannot charge more than Rs 750 and Rs 125 for enrolling law graduates from the general and SC-ST categories, respectively.

"In a legal system that is predisposed against the marginalised, the pre-condition of paying exorbitant fees in the name of enrolment fee creates a further barrier for many. The burden of payment of enrolment fees and other miscellaneous fees imposed by the SBCs fall equally on all persons seeking enrolment," the bench said.

The bench linked the levy of exorbitant fees by various SBCs to the dignity of law graduates, especially those belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and the Economically Weaker Section (EWS) categories.

The bench said dignity is crucial to substantive equality.

The dignity of an individual encompasses the right of the individual to develop their potential to the fullest.

The right to pursue a profession of one's choice and earn a livelihood is integral to the dignity of an individual, it said.

"This effectively perpetuates systemic discrimination against persons from marginalised and economically weaker sections by undermining their equal participation in the legal profession," the verdict further said.

The structure of the Indian legal system is such that social capital and networks also play an important role in getting clients, it said, adding that the lack of social capital and network is acutely felt by advocates from marginalised communities.

"The marginalised sections of our society face insurmountable obstacles in navigating the Indian legal system," read the verdict.