A retired judge has filed a petition in the Kerala High Court challenging the hefty fees demanded by the state’s Bar Council for resuming legal practice, reports TOI..Former Judicial Magistrate (First Class) G Chandrasekhar was asked by the Bar Council of Kerala to pay a sum of Rs. 37,000 in order to resume his legal practice. He had made the shift from the bar to the bench nearly thirty years ago in 1987..The Bar Council of India Rules do not specify any fee to be paid in case an advocate wants to resume legal practice. The only condition is that the advocate should have informed the state bar council before ceasing his practice. However, each state bar council is empowered to make rules regulating the profession in that state..In any case, according to the website of the Bar Council of Kerala, the state rules provide that the “resumption fee” works out to Rs. 5,200..“Whenever any such advocate who has suspended his practice desires to resume his/her practice, he/she shall apply to the Secretary of the State Bar Council for resumption of practice, along with an affidavit stating whether he/she has incurred any of the disqualifications under Section 24 A, Chapter III of the Advocate Act during the period of suspension. Fee for resumption of practice is Rs.5000/- in favour of Bar Council of Kerala and Rs. 200 in favour of Bar Council of India also to be paid.”.Moreover, the petition reportedly states that retired judicial officers were exempted from paying enrolment fees, as per a circular issued by the bar council. The former judge has also prayed that it was illegal and unconstitutional to demand such an exorbitant amount from an advocate who was already on the rolls of the bar council..It will be interesting to see what the High Court rules on the matter. Kerala Bar Council Chairman, Joseph John, said that the council would be filing its reply in the course of this week..Speaking to Bar & Bench, he said that there was nothing new about this development, and that the practice of charging resumption fees has been followed in other states as well..“The Bar Council’s objective is to protect the young advocates who enroll after graduating and support them. In this case, it is a retired person who is availing of pension and other facilities.”
A retired judge has filed a petition in the Kerala High Court challenging the hefty fees demanded by the state’s Bar Council for resuming legal practice, reports TOI..Former Judicial Magistrate (First Class) G Chandrasekhar was asked by the Bar Council of Kerala to pay a sum of Rs. 37,000 in order to resume his legal practice. He had made the shift from the bar to the bench nearly thirty years ago in 1987..The Bar Council of India Rules do not specify any fee to be paid in case an advocate wants to resume legal practice. The only condition is that the advocate should have informed the state bar council before ceasing his practice. However, each state bar council is empowered to make rules regulating the profession in that state..In any case, according to the website of the Bar Council of Kerala, the state rules provide that the “resumption fee” works out to Rs. 5,200..“Whenever any such advocate who has suspended his practice desires to resume his/her practice, he/she shall apply to the Secretary of the State Bar Council for resumption of practice, along with an affidavit stating whether he/she has incurred any of the disqualifications under Section 24 A, Chapter III of the Advocate Act during the period of suspension. Fee for resumption of practice is Rs.5000/- in favour of Bar Council of Kerala and Rs. 200 in favour of Bar Council of India also to be paid.”.Moreover, the petition reportedly states that retired judicial officers were exempted from paying enrolment fees, as per a circular issued by the bar council. The former judge has also prayed that it was illegal and unconstitutional to demand such an exorbitant amount from an advocate who was already on the rolls of the bar council..It will be interesting to see what the High Court rules on the matter. Kerala Bar Council Chairman, Joseph John, said that the council would be filing its reply in the course of this week..Speaking to Bar & Bench, he said that there was nothing new about this development, and that the practice of charging resumption fees has been followed in other states as well..“The Bar Council’s objective is to protect the young advocates who enroll after graduating and support them. In this case, it is a retired person who is availing of pension and other facilities.”
