The Supreme Court on Monday declined to entertain a petition challenging the ₹3,500 fee for the All India Bar Examination (AIBE), observing that any further restrictions could hinder the financial sustainability of bar councils.
A Bench comprising Justice JB Pardiwala and Justice R Mahadevan underscored that the Supreme Court had already set an upper limit for enrolment fees charged by State Bar Councils and the Bar Council of India (BCI). “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,” the Court remarked.
The petition, filed by advocate Sanyam Gandhi, argued that the ₹3,500 fee violated Articles 14 and 19 of the Constitution and was contrary to the Supreme Court’s 2024 ruling in Gaurav Kumar v. Union of India. In that case, the Court had held that enrolment fees charged by bar councils could not exceed the limit prescribed under the Advocates Act.
However, the Bench did not find merit in the arguments and questioned why the petitioner had not approached the High Court first. It ultimately allowed Gandhi to withdraw the plea and directed him to submit a representation before the BCI. “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 Bench stated.
The Court further granted liberty to Gandhi to approach it again if the BCI rejected his representation or failed to respond within a reasonable time.
