Today, On 24th February, The Supreme Court refused to hear a plea challenging the Rs.3,500 fee for the All India Bar Examination (AIBE). The court noted that it has already set limits on enrolment fees charged by State Bar Councils and the Bar Council of India (BCI). Imposing more restrictions could financially strain these bodies. The ruling highlights the necessity of maintaining bar councils’ financial stability.
New Delhi: The Supreme Court declined to entertain a petition challenging the Rs. 3,500 exam fee for the All India Bar Examination (AIBE).
A Bench consisting of Justice JB Pardiwala and Justice R Mahadevan noted that the Supreme Court has already established a limit on the enrolment fees charged by State bar councils and the Bar Council of India (BCI), indicating that imposing further restrictions could hinder the functioning of these bar bodies.
The Court remarked,
“You want the bar councils to survive or not? We have already chopped off the upper and lower limbs. They also have staff to pay. Once you pay Rs.3,500, you will start earning Rs.3,50,000 also.”
The Bench referred to the Supreme Court’s July 2024 ruling in Gaurav Kumar v. Union of India, which determined that enrolment fees imposed by State Bar Councils and the BCI for lawyer enrolment cannot exceed the limits set by the Advocates Act.
Ultimately, the Court permitted the petitioner, Sanyam Gandhi, to withdraw his plea and make a representation to the BCI.
The Court also granted Gandhi the option to return to the Court if the BCI denies his request.
The Court stated,
“We are of the view that the petitioner should highlight to the BCI that this charge is contrary to the judgment rendered by this court. The petitioner can file a representation in this regard and wait for a response within a reasonable time. He may approach this court even if there is a negative reply from the BCI,”
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Gandhi argued that the Rs.3,500 fee for the AIBE violates Articles 14 and 19 of the Constitution and contravenes the provisions of the Advocates Act. He also contended that the fee was contrary to the Supreme Court’s ruling in Gaurav Kumar.
However, the Court did not find his arguments convincing at this stage and questioned why he had not first approached the High Court.
His lawyer explained,
“It is about the fundamental rights of the legal aspirants,”
Consequently, the Court instructed the petitioner to make a representation before the BCI, stating that if there is no response or if the BCI’s reply is negative, he may then return to the Court.
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The All India Bar Examination (AIBE) faced criticism over its Rs.3,500 exam fee, with some candidates arguing that the amount is excessive and burdens aspiring lawyers.
A petition filed challenging the fee, but the Supreme Court refused to entertain the plea, stating that bar councils need financial stability to function effectively. The Court also noted that it had already set limits on enrolment fees charged by State Bar Councils and the Bar Council of India (BCI) and imposing further restrictions could negatively impact bar bodies.