Burdening marginalised with exorbitant enrolment fee will create further barriers:SC

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New Delhi, Jul 30 (PTI) Burdening the marginalised with exorbitant enrolment fees in an already "predisposed" legal system will create further barriers and violate their dignity which is crucial to substantive equality, the Supreme Court said on Tuesday.

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.

A bench comprising Chief Justice D Y Chandrachud and Justices J B 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 belonging from SCs, STs and the 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 livelihood is integral to the dignity of an individual, it said.

"Charging exorbitant enrolment fees and miscellaneous fees as a pre-condition for enrolment creates a barrier to entry into the legal profession. The levy of exorbitant fees as a pre-condition to enrolment serves to denigrate the dignity of those who face social and economic barriers in the advancement of their legal careers.

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

Penning a 68-page judgment, the CJI said while the burden of enrolment is facially neutral, it perpetuated the structural discrimination against persons from marginalised and economically weaker sections of the society.

"In more than one way, the process of enrolment perpetuates a culture of systemic exclusion and discrimination that impacts the entry of law graduates into the legal profession and even beyond," it said.

The bench referred to in detail the difficulties being faced by young lawyers.

"Young law graduates who start litigating right after graduation earn anywhere between Rs 10,000 to Rs 50,000 per month, depending upon the location of their practice and the chambers they join.

"The structure of the Indian legal setup is such that the struggle for getting acceptance in chambers and law firms is greater for those who belong to the marginalised sections, first-generation advocates, or law graduates without a degree from a National Law University," it said.

Referring to a report, it said many law students from the Dalit community face English language barriers, reducing their opportunities of practising before the high courts and the Supreme Court where the court proceedings are in English.

The model of legal education is largely centred around a standardised admissions test with the candidates having to pay a hefty fee for taking the examination, and in many cases they engage tutors or coaching classes to prepare for these tests, it said.

"Once admitted to a recognised institute for legal education, a student has to afford the fees of the college either by paying on their own or by availing of a student loan. Students are also expected and sometimes mandated to partake in internships, research work and, co-curricular and extra-curricular activities among others," it 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 the marginalised communities.

"The marginalised sections of our society face insurmountable obstacles in navigating the Indian legal system. This is further compounded by their lack of representation in the legal profession.

"Greater representation of the marginalised communities in the legal profession will increase the diversity within the profession, enable the marginalised sections to trust the legal system and facilitate the delivery of legal aid and services to unrepresented communities," it said. PTI SJK SJK KSS KSS