In a significant legal challenge, Advocate Vijay Gopal has filed a petition in the Telangana High Court questioning the legality of the fees charged by the Bar Council of India (BCI) for the All India Bar Examination (AIBE). The petitioner argues that the Rs. 3,500 fee (plus GST and convenience charges) imposed on general category candidates is excessive, arbitrary, and a financial burden on budding lawyers.
The case hinges on the Supreme Court’s recent judgment in Gaurav Kumar v. Union of India, where the apex court ruled that Bar Councils cannot charge more than Rs. 750 as an enrolment fee for general candidates. Advocate Vijay Gopal contended that since passing the AIBE is mandatory for practicing law, the fee structure for the examination must also align with this limit. He argued, “When the Supreme Court has struck down the exorbitant enrolment fee as violative of the fundamental rights of future advocates, an equally exorbitant fee cannot be justified for AIBE.”
The petition raises critical concerns regarding transparency in the BCI’s fee determination process. Advocate Gopal has sought clarity on the allocation of the Rs. 3,500 fee, including details of the Memorandum of Understanding (MoU) between the BCI and the third-party agency conducting the exam. He questions whether the BCI, as a delegated authority under the Advocates Act, has the legal power to outsource its functions.
Justice B. Vijaysen Reddy, while admitting the petition, observed, “The fee paid by the petitioner will be subject to the outcome of this case.” He further directed the BCI to file its response, addressing the allegations and justifying the current fee structure.
Advocate Gopal emphasized the detrimental impact of the hefty fee on young legal professionals just beginning their careers. “This fee creates an immense financial barrier for many aspiring lawyers, which contradicts the spirit of inclusivity in the legal profession,” he stated.
The case has sparked widespread debate within the legal fraternity, with many young lawyers and law students closely following its progress. The Telangana High Court’s decision could potentially reshape the financial framework governing the AIBE and impact thousands of aspiring advocates across India.
