The Telangana High Court will hear a petition by advocate Vijay Gopal challenging the Rs 3,500 fee for the All India Bar Examination (AIBE), arguing it violates the Advocates Act, which limits registration fees. The plea could impact the Bar Council of India’s fee practices and raise concerns about regulatory efficiency and transparency in fee collection.
Telangana: The Telangana High Court is set to hear a petition challenging the Rs 3,500 fee imposed by the Bar Council of India (BCI) for registration in the 19th All India Bar Examination (AIBE). The plea, filed by advocate Vijay Gopal, contends that the fee violates legal and constitutional provisions.
Gopal’s primary argument is that imposing a separate fee for the mandatory AIBE exam, beyond the enrollment fee collected by State Bar Councils, is unlawful. He cites the Supreme Court’s ruling in Gaurav Kumar vs Union of India, which restricts enrollment fees under Section 24(1)(f) of the Advocates Act, 1961.
The Advocates Act specifies that enrollment fees for general category candidates must not exceed Rs 750, and for Scheduled Castes/Tribes, it is capped at Rs 125.
“Charging a fee that is 400% higher for AIBE-19 is arbitrary, unconstitutional, and violates my rights under Article 14. When the enrollment fee is set at INR 750, the AIBE-19 exam fee of INR 3,500 is unjustifiable without any legislative basis to support it,”
the petition reads.
The petition underscores that the Supreme Court’s decision in Gaurav Kumar invalidated excessive fees beyond the prescribed limits. Gopal argues that the BCI’s current fee structure for the AIBE ignores this precedent.
The plea asserts that since the AIBE is mandatory for practicing law, the associated fee should comply with the limits specified in the Advocates Act.
The petitioner has urged the High Court to:
- Declare the Rs 3,500 fee arbitrary and unconstitutional.
- Restrain the BCI from collecting this fee.
- Refund fees already collected for AIBE-19.
- Direct the BCI not to outsource its statutory duties to third-party agencies without proper legal authorization.
The matter is scheduled for November 27 before Justice B Vijaysen Reddy.
If the Telangana High Court rules in favor of the petitioner, it could significantly impact the BCI’s practices regarding fee collection for the AIBE and enforce stricter adherence to the provisions of the Advocates Act, 1961.
The case also raises broader questions about transparency, affordability, and the legality of outsourcing key statutory functions to private entities. A decision in this matter may set a precedent for how professional regulatory bodies impose fees in India.
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