Mr. Gaurav Kumar is known for his landmark case, Gaurav Kumar v. Union of India1, where he challenged the high enrollment fees charged by State Bar Councils for new advocates. He argued that these fees violated the Advocates Act, 1961, which sets the enrollment fee at Rs. 750.
1. Please introduce yourself to our readers.
I come from a middle-class family in Itahari, Munger, Bihar. My family relies on farming and agriculture for their livelihood. I completed my higher secondary and senior secondary education in a Hindi-medium government school in Bihar. I later graduated with a 5-year law degree from Surendranath Law College, University of Calcutta, in 2021. After earning my law degree, I enrolled with the Bar Council of Delhi in April 2022, driven by a strong aspiration to serve society. Apart from law, I am passionate about reading books and newspapers, engaging in debates, teaching students, and travelling.
2. Coming from a farming family from Bihar, could you share with our readers what motivated you to pursue law?
Growing up in a rural part of Bihar, I was deeply aware of the socio-economic challenges in my state. I witnessed various social and legal issues in my daily life, including cruelty and domestic violence against women, caste-based discrimination, corruption, and the violation of fundamental rights of marginalised communities. These injustices were pervasive and often left people, especially those in rural and underserved areas, struggling to access justice. These experiences had a profound impact on me. After completing my higher secondary school examination, I realised that the law could be a powerful instrument to address these challenges and effecting meaningful change. I was inspired to be part of the solution by empowering individuals and advocating for systemic change. My decision to pursue law stems from this desire to bridge the gap between people and justice.
3. What motivated you to file a writ petition in the Supreme Court “Gaurav Kumar v. Union of India” against exorbitant enrolment fees for advocates?
After earning my law degree in November 2021, when I approached the Bar Council of Delhi for my enrolment and I was shocked to learn that the enrolment fee was approximately Rs 15,000. For a fresh law graduate like me, the fees were huge and it took me almost 6 months to accumulate the funds for my enrolment. In the interregnum, I researched about the enrolment/licence fees charged by respective authorities/bodies of different other professionals like doctors, pharmacist, journalist, etc. and found that the fees charged by respective State Bar Councils in India were comparatively much higher than the licence/enrolment fees charged for other professionals. I somehow managed to arrange the funds and got enrolled in April 2022. However, even after enrolment, the issue pertaining to the exorbitant fees charged by State Bar Councils remained stuck in my mind and I continued on researching about the solution as the exorbitant fees pose a significant challenge to those law graduates who belong to rural and financially challenged background. After sometime, while going through the Advocates, Act, 19612, I came across Section 24(1)(f)3 which explicitly provides a fees of Rs 750 as a enrolment fees to be taken by the State Bar Council and the Bar Council of India from the fresh law graduates. It was Eureka moment for me as, I had found that the exorbitant fees charges by the respective State Bar Councils were in violation of Section 24(1)(f) of the Advocates Act, 1961. I realised this issue was just not about me, but it affected a significant section of society, especially those unable to afford such exorbitant enrolment fees. As a constitutional law student, I firmly believe that is my constitutional responsibility to raise my voice against constitutional and legal issues. Furthermore, as an advocate, I saw this as an opportunity to support the new members of our fraternity for a more equitable and just system. Hence, I immediately decided to take this issue before the Supreme Court of India as I did not want the other law graduates to suffer the way I did.
4. While high enrolment fees were a significant hurdle, they are just one of the many challenges young advocates faces when starting their careers. In your experience, what are some of the other major difficulties that young lawyers encounter?
Apart from the enrolment fees, in my opinion, the most challenging hurdle is the low remuneration paid by the advocates to their juniors. In smaller towns, junior often work without pay, while in big metropolitan cities like Delhi and Bombay, they receive meager salaries. This makes it difficult for fresh advocates to sustain themselves in the profession. I have recently heard that several Bar Councils have set up some minimum amount as a threshold for the advocates to be paid as remuneration to their juniors. This is a really commendable step, but it should be followed in a strict manner.
Another major issue is that lack of structured mentorship, which is crucial for skill development in litigation. I believe that all State Bar Councils in their respective States should play a proactive role in conducting mentorship programs to support young advocates.
Additionally, I also echo the former Chief Justice D.Y. Chandrachud’s concern that senior advocates should adopt a fair selection process for juniors, considering applications and interviews rather than relying on personal connections or recommendations. Adherence to such practices would foster a more equitable environment for aspiring lawyers
5. This ruling has the potential to make the legal profession more accessible. How do you think it will impact aspiring lawyers, especially those from economically weaker backgrounds?
I feel that this case has the potential to revolutionise access to the legal profession. By reducing enrolment fees, it removes a significant financial barrier for aspiring lawyers from rural or economically weaker backgrounds. This will enable talented individuals from underrepresented regions to pursue a career in litigation. Ultimately, this will lead to a more inclusive and diverse legal profession, which is essential for delivering justice to all sections of society. This judgment not only democratises access to the legal profession but also enriches the diversity of perspectives within the judiciary, ultimately leading to a more inclusive justice system.
6. What has this journey taught you about the power of individual action in creating systemic change?
As I have already told you, that law is one of the most powerful tool to bring significant positive changes in society. Prior to filing of case, I had never thought that it would leave such a massive significant effect on the new law graduates. As a young lawyer, the process taught me the importance of perseverance, thorough research, and unwavering faith in the judiciary. It has been both humbling and empowering, reminding me that systemic change often begins with small, determined steps. After all, if your work brings changes in the society and brings smiles on several faces, nothing can be more satisfactory than it.
7. Looking ahead, what are your future plans? Do you intend to take on more public interest litigation, or are there other ways you envision addressing the inequities within the legal profession?
I have thought to build up my litigation practice before the Supreme Court of India and several other High Courts. Alongside, I have also started teaching law subjects to financially challenged law students.
I have also been doing pro bono cases pertaining to public and constitutional importance before the Supreme Court of India and several High Courts of India. I would like to cite some of them:
1. Constitutional challenge to the 65% reservation raised by State of Bihar for SEBC through two legislations; Status: won before the Patna High Court in Gaurav Kumar v. State of Bihar, 2024 SCC OnLine Pat 2308 – and the challenge by the State to impugned order presently pending before the Supreme Court of India [SLP (C) 14086 of 2024].
2. Constitutional challenge to Election n Appointment Act, 2024; Status: Pending before Supreme Court of India [W.P.(C). 11 of 2024]
3. Challenge to the denial of enrolment to a law graduate on pursuing the prosecuting studies (Class 12th for getting admission in 5 years’ law program and graduation for getting admission 3 years’ law program) through distance mode and thereafter three years’ law program from regular mode; Status- Supreme Court was pleased to issue notice to the BCI and Telangana Bar Council vide its order dated 16-10-2024 in [SLP (C) No. 30217 of 2024].
8. What advice would you offer young lawyers and law students to help them navigate the early struggles of this field and build a career in litigation?
Litigation is not a sprint—it is a marathon. Patience, perseverance, and dedication are essential to navigate the initial struggles. Do not be discouraged by financial challenges or slow progress. Focus on learning, building relationships, and developing a strong work ethic. Remember that success in litigation takes time, but the satisfaction of serving justice is unparalleled. Keep your passion for law alive, and never hesitate to stand up for what you believe in. The rewards of this profession, though delayed, are deeply fulfilling and impactful.
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3. Advocates Act, S. 24(1)(f).
