On July 30, 2024, the Supreme Court democratized entry into the legal profession by ruling unconstitutional the exorbitant registration fee charged by State Bar Councils (“SBCs”). Benefiting from the doctrine of manifest arbitrariness, the SC Gaurav Kumar vs Union of India and OrsIt held that charging excessive fees exceeded legal requirements and violated fundamental rights under Articles 14 and 19 (1) (g). The Supreme Court now faces a similar issue in another case “Answer: Strengthening and Increasing the Institutional Power of Bar Associations” He believes that the functioning of Bar Associations in India requires structural reforms.

The issue before the SC arises from an incident in which a junior lawyer was allegedly denied access to drinking water by a senior lawyer. Madras High Court. at 16^This A bench led by July 2024 Judge Surya Kant He urged the Bar Council of India (BCI), Supreme Court Bar Association (SCBA), Supreme Court Registered Advocates Association (SCAORA), all State Bar Councils and all Supreme Court Bar Associations to assist the court. The SC also sought suggestions from senior lawyers and advocates involved in the matter to strengthen bar associations across the country.

Recalling the beginning of the case, the Madras High Court, while deciding the matter at the Writ Petition stage, considered various nuances regarding the functioning of the Madras Bar Association (MBA), including membership and admission. The Supreme Court’s findings reveal some surprising facts, such as the MBA membership process being shrouded in mystery. The findings of the Madras High Court point to an important question: Does membership in bar associations really matter? To answer this, it is essential to understand the importance of Bar Associations in the justice delivery system.

Delhi High Court PK Dash, Advocate Vs Delhi Bar Council elaborated on this question. He explained that Bar Associations play an important role as these bodies are consulted before framing court procedures, important policies and administrative decisions such as allocation of rooms, use of common areas, commercial areas, identity cards, allocation of car parks, policies for bar associations. senior appointment among others.

It is now an indisputable fact that bar association membership, which undertakes the duties of bar associations, plays an important role in the professional life of the lawyer. Unreasonable and discriminatory rules or eligibility criteria restricting membership in a Court-affiliated Bar Association will result in gatekeeping. The Madras High Court doubted whether it was intended to be an “elite society of lawyers” in the MBA case. Moreover, the observation of the Supreme Court is that there is a need to facilitate the functioning of Bar Associations. In this context, a case study that can be taken from the backyard of the Supreme Court is the SCBA, or even the SC. Supreme Court Bar Association vs BD Kaushik He called for reform of SCBA (membership fee and eligibility among others). But a question that requires an urgent answer is: How democratized has SCBA’s membership process become?

SCBA AND ITS MEMBERSHIPS

As observed BD Kaushik, The SC emphasized the importance of SCBA being an integral part of the Supreme Court as an institution. Additionally, being one of the most respected Bar Associations in the country and being a court-affiliated association, SCBA’s roles and responsibilities are immense. In essence, SCBA’s most important responsibility is to set an example for other Bar Associations. However, at first glance, the process of becoming a member of the SCBA does not appear to be focused on the marginalized and underprivileged, but rather carries a tone of elitism. The procedure to become a member of SCBA is full of awkward and unnecessary formalities along with exorbitant entry fees.

SCBA MEMBERSHIP FEE

The Chief Justice of India has repeatedly expressed concern over low pay and difficulties faced by junior lawyers. The Delhi High Court and the Madras High Court have similarly expressed concern over low wage standards and the need to fix the minimum salary. But whatever the situation of such people, SCBA expenses Around Rs. 1000 for the entry form alone, not to forget the entry fee of Rs. 10,400 for attorneys with less than 10 years of experience, plus a recurring cost of 15.00 per year. However, provided that the association derives the majority of its income from subscription and membership fees, the association’s request for such a fee may not be completely unfounded. However, while charging such a fee, consideration is given to the fact that BCI offers a salary of only Rs. 20,000 per month for junior lawyers – the entry fee seems extremely high. Inside Gaurav Kumar, The Supreme Court has acknowledged the financial hurdle a young lawyer can face. The court noted the increasing trends of standardized entrance exams, high fees for such exams, and extracurricular and co-curricular expenses in addition to college tuition. Moreover, the Court did not hesitate to point out that young lawyers started from a disadvantaged position and earned between 10,000 and 50,000 per month. Therefore, the possibility of striking a balance should be explored by taking steps such as financial aid on a case-by-case basis for membership fees and the inclusion of another tranche for people at the beginning stages of their careers.

OTHER CONDITIONS

But an exorbitant fee is not the only prong of the exclusionary admission procedure. The candidate must submit two letters of recommendation along with the admission form; one from the bidder and the first from someone who has worked at SCBA for at least 10 years. Additionally, the acceptance form must be signed by 9 other assistants who have worked at SCBA for at least 5 years. On the one hand, this procedure may work to the detriment of young advocates from marginalized and underprivileged backgrounds, and on the other hand, it may politicize the admission process to the Association.

Even for the sake of arguments, assuming that this step is only necessary to certify that candidates have good professional and ethical conduct, upon registration candidates must be certified by at least two Lawyers registered with a particular SBC and with a predetermined period of practice. Therefore, this rule creates an artificial boundary and creates two categories of applicants: one is those who have an established network and connections in the profession due to family inheritance, and the other is those who are new to this profession and whose family does not practice law.

Application of the test Gaurav Kumar, While conditions such as the entrance fee and the recommendation of other SCBA members for admission to the association may seem neutral on the surface, they perpetuate structural discrimination against people from marginalized and underprivileged backgrounds. It equally perpetuates cultural and systematic exclusion. While membership in any of the court-affiliated associations is not a mandatory requirement to practice law, it places disadvantaged people in a group of lawyers with access to basic facilities such as room allocation, access to the library, counseling rooms, mediation rooms, etc. , access to parking and membership in another association, namely SCAORA, is dependent on SCBA membership. Therefore, the claim that membership in a court-affiliated association has become a fundamental basis of practice cannot be ignored.

Consequently, the Supreme Court’s awareness of reforming the Bar Association and the SCBA could be an opportunity for the SCBA to rethink the rules and regulations that have existed for a decade and lead it ahead to democratize and raise the standard of inclusivity. Other Bar Associations will follow.

The writer is a lawyer practicing before the Supreme Court and the Delhi High Court. Views Are Personal