Today, On 17th October, the Supreme Court allowed petitioners to withdraw their plea against the Bar Council of India’s (BCI) decision to increase nomination fees for state Bar Council elections from Rs.9,000 to Rs. 1.25 lakh, ending the legal challenge.
New Delhi: The Supreme Court allowed the petitioners to withdraw their challenge against the Bar Council of India’s (BCI) decision to raise the nomination fees for state Bar Council elections to Rs.1.25 lakh.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi addressed the matter, after which the petitioners, advocates Manish Jain and Pradeep Kumar, chose to withdraw their plea as the Court showed reluctance to entertain it.
The senior counsel representing the petitioners argued that the BCI’s circular (No. BCI:D:6880/2025(Council-STBC’s), dated September 25, 2025) imposes an unreasonable financial barrier that hampers the ability of young or less affluent lawyers to engage in the electoral process.
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They contended that the increase from Rs.9,000 to Rs.1.25 lakh is excessive and disproportionate, lacking any connection to a candidate’s standing at the Bar. They advocated for a nomination fee structure linked to professional seniority, akin to that practiced in Supreme Court Bar Association (SCBA) elections.
The counsel noted,
“From Rs.9,000 it goes straight to Rs.1,25,000. Someone who joined the profession two or three years ago would find it impossible to contest,”
In response, Justice Kant humorously remarked,
“Let them contest later. What’s the tearing hurry? Your supporters will take care of the amount.”
As the Bench began dictating the dismissal order, counsel requested to withdraw the petition, expressing intent to approach the High Court, highlighting that similar issues are pending in several High Courts. The Court, however, did not acknowledge this request and dismissed the case as withdrawn.
The controversial circular was issued following the Supreme Court’s order on September 24, 2025, in W.P.(C) No. 1319/2023, which mandated the completion of long-overdue State Bar Council elections by January 31, 2026.
In response, the BCI instructed all State Bar Councils to establish election committees and conduct elections while also increasing the nomination fee to Rs.1.25 lakh.
The petitioners claimed that the BCI justified the fee hike by citing financial constraints due to a previous Supreme Court ruling in 2024 that reduced enrolment fees.
However, they argued that this justification was unfounded, pointing out that State Bar Councils, including the Bar Council of Delhi, are financially stable, with Delhi reportedly holding Rs.99 crore in reserves.
Filed under Article 32 of the Constitution, the petition alleged that the BCI’s decision infringes on fundamental rights under Articles 14, 19, and 21, asserting that:
- The excessive nomination fee limits equal opportunity to contest and participate in professional democracy.
- It restricts representation to financially advantaged advocates, creating a divide between “haves” and “have-nots.”
- The decision fosters money and muscle power, compromising fairness in elections.
The petition characterized the measure as “an antithesis to democracy,” arguing that such a steep fee “deprives voters of a level playing field and limits their choice of candidates.”
The advocates sought to cancel the September 25 circular and requested the Court to ensure that the upcoming Bar Council elections are conducted in accordance with its prior orders, without any financially exclusionary practices.
However, with the Supreme Court opting not to entertain the plea, the petition was dismissed as withdrawn, leaving the petitioners with the option to seek remedies in the respective High Courts.
Case Title: Manish Jain v. Bar Council of India
Case No.: W.P.(C) No. 1005/2025
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