The Supreme Court on Monday sought a formal response from the Bar Council of India (BCI) on a Public Interest Litigation (PIL) challenging the ₹3,500 fee levied for the All India Bar Examination (AIBE). The petition, filed by Sanyam Gandhi, contends that the fee is arbitrary and places an undue financial burden on aspiring lawyers.
A Bench comprising Justices JB Pardiwala and R Mahadevan noted that the petitioner had earlier been advised to first make a representation to the BCI before invoking the Court’s jurisdiction. With no response from the BCI despite that representation, the petitioner has now approached the Court again, prompting it to seek a reply from the bar body.
The petitioner argued that the AIBE fee violates principles laid down in the Gaurav Kumar v. Union of India judgment, wherein the apex court capped enrolment fees charged by State Bar Councils and the BCI. He contended that the AIBE fee similarly requires judicial scrutiny for being excessive and potentially infringing on the right to practice law.
Earlier in February, the Court had declined to entertain the plea at the preliminary stage, emphasizing the need to balance financial oversight with institutional autonomy. “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,” Justice Pardiwala had remarked, defending the rationale for allowing some level of financial leeway to bar councils.
The Bench had also clarified that the AIBE fee was a distinct issue from enrolment fees regulated under the Gaurav Kumar verdict. The petitioner was granted liberty to return to the Court should the BCI fail to respond adequately—a step that has now been taken.
The matter will be heard further after the BCI files its response.
Case: Sanyam Gandhi vs Union of India – Available on LAWFYI.IO
