This week in Indian law: The Supreme Court struck down excess Bar Council enrolment fees as unlawful and signalled bail relief for prolonged PMLA detention. Lok Sabha Phase 1 approaches on 19 April. Three significant developments as judicial activity continues amid the election period.
Top story
SC Strikes Down Excess Bar Council Enrolment Fees as Unlawful
Category: supreme-court-judgments | Date: 15 April 2024 | Source: Supreme Court of India
The Supreme Court struck down the practice of state Bar Councils charging inflated enrolment fees beyond the amounts prescribed under the Advocates Act, 1961. The Court held that the statutory fee structure leaves no room for Bar Councils to impose additional charges under various heads, and that excessive fees create a barrier to entry into the legal profession, undermining access to justice.
Why it matters: This ruling directly affects every law graduate seeking enrolment as an advocate. State Bar Councils that have been charging fees significantly above the statutory prescription — in some cases ten to twenty times the prescribed amount — must immediately revise their fee structures. The decision also has implications for the broader regulatory authority of Bar Councils.
Read more: Veritect analysis
Court judgments
SC Signals PMLA Bail Relief Where Prolonged Detention Persists
Court: Supreme Court of India | Bench: Justice Abhay S. Oka and Justice Augustine George Masih | Date: 10 April 2024
In V. Senthil Balaji v. State, the Supreme Court addressed the PMLA bail jurisprudence in the context of prolonged pre-trial incarceration. The Court reinforced that Article 21 protections against unreasonable detention apply even under Section 45(1)(ii) PMLA's restrictive bail conditions, signalling that prolonged detention without trial completion may warrant bail relief.
Key point: Defence counsel in PMLA matters should note the emerging jurisprudential trend: while Section 45 imposes twin conditions for bail, Article 21 operates as an independent constitutional ground where trial delay becomes unreasonable. Parallel bail strategies — one under PMLA, one under Article 21 — are increasingly viable.
Also this week
- Lok Sabha Phase 1 imminent — Polling for 102 constituencies across 21 states scheduled for 19 April. Security deployments and electoral preparations at advanced stages.
- Ram Navami on 17 April — National holiday further reduces working days in the week.
Looking ahead
- Phase 1 polling on 19 April: First major polling day of the 2024 general elections.
- Phase 2 on 26 April: Second phase follows one week later, covering additional constituencies.
- SC continues: The Supreme Court will continue hearing matters during the election period.
- MCA cross-border merger rules: Amended amalgamation rules for fast-track cross-border mergers taking effect.
This is the Veritect Weekly Legal Roundup for Week 15 of 2024. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.