The Supreme Court on Monday sought a response from the Bar Council of India (BCI) on a Public Interest Litigation (PIL) challenging the ₹3,500 fee charged for the All India Bar Examination (AIBE).
The petition, filed in Sanyam Gandhi v. Union of India, came up before a Bench of Justices JB Pardiwala and R Mahadevan, which noted that the petitioner had earlier been advised to approach the BCI directly before seeking judicial intervention.
The petitioner contended that the BCI’s fee structure for the AIBE is arbitrary and excessive, arguing that it violates the principles established in the Supreme Court’s decision in Gaurav Kumar v. Union of India. In that case, the Court had imposed limits on enrolment fees charged by State Bar Councils and the BCI. The petitioner submitted that the AIBE fee, too, imposes a significant financial burden on aspiring lawyers and requires similar scrutiny, as it may infringe on their right to practice law.
In February this year, the Court had initially declined to entertain the PIL, with Justice Pardiwala remarking:
“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 ₹3,500, you will start earning ₹3,50,000 also.”
At that time, the Bench had drawn a distinction between AIBE fees and enrolment fees considered in the Gaurav Kumar case. It had advised the petitioner to present the grievance directly to the BCI, granting liberty to return to Court in case of an unsatisfactory or absent response.
Following this, the petitioner reportedly approached the BCI but received no reply. Taking note of this, the Supreme Court has now formally issued notice to the BCI, seeking its response on the matter.
