Today, On 29th October, The Delhi High Court has sought responses from the Bar Council of India and the Central government on a PIL challenging the BCI’s decision to hike the nomination fee for State Bar Council elections from Rs.25,000 to Rs.1.25 lakh.
The Delhi High Court requested responses from the Bar Council of India (BCI) and the Central government regarding a petition that challenges the BCI’s decision to raise the nomination fee for State Bar Council elections from Rs.25,000 to Rs.1,25,000.
A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, announced that the case will be reviewed again in December.
This public interest litigation (PIL) was filed by Pramod Kumar Singh, who argued that the BCI’s justification for the fee increase citing a significant reduction in enrollment fees for advocates (from approximately Rs.16,000 to Rs.600) is insufficient to address a funding deficit for managing elections.
The petition contends that the hike in the nomination fee is “arbitrary, excessive, unreasonable, and undemocratic,” violating Articles 14 and 19 of the Constitution.
It asserts,
“That such increase of nomination fee is also against the democratic process of elections thus, against the principles of natural justice and as well as against the mandate of Articles 14 and 19 of the Constitution of India.”
Additionally, the petition highlights concerns that this increase may favor candidates with substantial financial resources, thereby undermining the democratic process.
It warns ,
“There is every likelihood that the real and experienced advocates/candidate may not be able to contest the upcoming elections and only the candidates having huge money power, etc. would succeed to contest and win the State Bar Councils elections.”
The Advocates Act, 1961 does not mention any fixed or uniform nomination fee for State Bar Council elections.
However, it empowers both the Bar Council of India (BCI) and the State Bar Councils to frame their own election rules, which may include the requirement of a nomination fee for candidates.
Under Section 15(2)(a) of the Advocates Act, every State Bar Council has the authority to make rules for conducting elections, including the procedure for voting, preparation of electoral rolls, and publication of results.
Similarly, Section 49(1) gives the Bar Council of India general powers to make rules for discharging its functions and to approve or regulate the functioning of State Bar Councils.
Recently, the Bar Council of India issued a circular proposing to increase the nomination fee for State Bar Council elections to Rs.1.25 lakh. This decision was challenged before the Supreme Court, where petitioners argued that such a high fee was arbitrary and beyond the powers granted under the Advocates Act.
Case Title: Pramod Kumar Singh v. Bar Council of India & Ors
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