SC Declines Petition Against Rs 3,500 All India Bar Examination Fee; Suggests BCI Representation

On Monday, the Supreme Court refused to entertain a petition challenging the Rs 3,500 examination fee for the All India Bar Examination (AIBE).

A Bench comprised Justice JB Pardiwala and Justice R Mahadevan. They noted that the Supreme Court had already set limits on enrolment fees. These fees are charged by State Bar Councils and the Bar Council of India (BCI).

The judges cautioned that imposing further restrictions could hinder the functioning of 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.”

This reference was linked to the Supreme Court’s July 2024 ruling in Gaurav Kumar v Union of India, which held that enrolment fees charged by State Bar Councils and the BCI cannot exceed limits set under the Advocates Act.

Following this, the Court allowed petitioner Sanyam Gandhi to withdraw his plea and submit a representation to the BCI.

It also granted him the liberty to approach the Court again if the BCI rejects his request.

“We are of the view that the petitioner should highlight to the BCI that this charge is contrary to judgment rendered by this court. Petitioner can file a representation in this regard and wait for a response within reasonable time. He may approach this court and even if there is a negative reply by BCI,” the court noted.

Gandhi had argued that the Rs 3,500 AIBE fee violated Articles 14 and 19 of the Constitution and was inconsistent with the Advocates Act.

He also contended that it was in contravention of the Supreme Court’s 2024 verdict in Gaurav Kumar.

However, the Court did not find merit in his arguments at this stage. It also questioned why the petitioner had not approached the High Court first.

When Gandhi emphasized that the issue concerned the fundamental rights of legal aspirants, the Court reiterated that he should first seek relief from the BCI. If there is no response or an unfavorable reply, he may return to the Supreme Court.

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