The Supreme Court has dismissed a plea challenging the Rs 3,500 fee charged by the Bar Council of India for the All India Bar Examination, holding that the fee is not unconstitutional. The bench said BCI incurs “huge expenses” in conducting the exam.
New Delhi: On September 2, the Supreme Court of India rejected a petition that questioned the fees charged by the Bar Council of India (BCI) for holding the All India Bar Examination (AIBE). The petition had claimed that the BCI’s fee system was unfair and unconstitutional.
A bench of Justices J B Pardiwala and Sandeep Mehta, while dismissing the case, clearly stated that
“BCI incurred huge expenses for conducting the exam and charging the fee was not violative of any provisions of the Constitution.”
The court had earlier issued notice to the BCI after receiving a plea from advocate Sanyam Gandhi.
However, the judges pointed out that
“Gandhi was asked by the court to first approach the BCI before coming to the court.”
The petitioner had challenged the BCI’s fee structure, highlighting that general and OBC candidates were being charged Rs 3,500 along with additional incidental costs, while SC/ST candidates were charged Rs 2,500 along with incidental costs.
The plea had requested the court to ban such collections in the future and also sought a refund of fees already taken from candidates applying for the All India Bar Examination 2025 (AIBE-XIX).
Advocate Gandhi argued before the court that this fee system was in violation of Article 14 of the Constitution, which ensures the Right to Equality, and Article 19(1)(g), which guarantees the Right to Practice Profession. He also claimed that it was contrary to Section 24(1)(f) of the Advocates Act, 1961.
The petition was filed by advocate Sanyam Gandhi, who appeared in person. Gandhi argued that the fee violated Sections 24 of the Advocates Act, 1961 as well as Articles 14 and 19(1)(g) of the Constitution, which guarantee equality and freedom to practise a profession.
Senior Advocate Gurukrishna Kumar, appearing for the BCI, pointed out that Gandhi had earlier filed a writ petition on the same issue, which was disposed of with liberty to make a representation to the Bar Council. That representation had been replied to. He added that the Court’s earlier ruling in Gaurav Kumar v. Union of India applied only to enrolment fees and not to examination fees.
Kumar said,
“This is the examination fee. This is a separate subject. There are several issues like infrastructure cost we have to incur, various other aspects also,”
Justice Pardiwala then asked Gandhi why he believed the examination fee of ₹3,500 for General and OBC candidates and Rs 2,500 plus incidental charges for SC/ST candidates violated constitutional provisions. Gandhi argued that the purpose of enrolment itself was being undermined.
Justice Mehta clarified that the Court was not questioning the BCI’s authority to conduct the AIBE, only the legitimacy of the examination fee.
Justice Mehta said,
“We are not on that aspect. We are not examining the justification behind Bar Council conducting AIBE. If they are charging 3500 there is nothing wrong in it,”
He remarked,
When Gandhi disagreed by saying
“I beg to differ”,
Justice Mehta reassured him.
“You have a right to do that. Everyone has a right to differ. That’ll make you a good lawyer,”
Justice Pardiwala lightened the mood by telling Gandhi that the one-time fee would yield far greater rewards once he starts practicing law.
Justice Pardiwala said,
“Listen Mr. Gandhi. You have to pay this 3500 once and you will earn 350000000 (many other zeros). In fact they are giving you an opportunity to have many zeros. Good show,”
Justice Mehta also joined in, pointing to the senior advocate appearing in the case.
Justice Mehta said,
“You will be rubbing shoulders with Mr. Gurukrishna Kumar once you clear the examination,”
Ultimately, the bench dismissed the plea, observing:
“We can appreciate that BCI would incur huge expenses for the purpose of conduct of such exam and therefore if they are charging Rs 3500 and Rs 2500 respectively it cannot be termed as violative of any of the provisions of the Constitution or the Advocates Act.”
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However, the bench did not agree with these arguments, and with its observations, made it clear that the Bar Council of India has the authority to charge the fees considering the expenses involved in the conduct of such a large-scale national examination.
This ruling effectively closes the challenge against the AIBE fee structure, meaning the present system of Rs 3,500 for General/OBC candidates and Rs 2,500 for SC/ST candidates will continue.
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