The Supreme Court has notified the Bar Council of India (BCI) in response to a Public Interest Litigation (PIL) challenging the INR 3,500 fee charged for the All India Bar Examination (AIBE). Advocate Sanyam Gandhi appealed to the bench, which consists of Justices R Mahadevan and JB Pardiwala. Gandhi said that the AIBE Fee is unlawful and exorbitant.
In Gaurav Kumar v. Union of India, the Supreme Court ruled in 2024 that the AIBE fee violates Section 24(1)(f) of the Advocates Act, 1961, which sets the enrolment fee cap at INR 750 for candidates in the general category and INR 125 for those in the SC/ST category. Gandhi asserted that the AIBE should be adhered to since it is a requirement for practicing law.
Remarks by the Court
The Supreme Court had earlier declined to consider a similar plea on February 24, 2025, stating that the petitioner should first contact the BCI and highlighting the necessity for bar councils to continue to be financially viable. However, by asking the BCI for a formal response in the ongoing proceedings, the Court has demonstrated its willingness to reexamine the issue.
Impact and Forward Plan
The prospect of a review of the AIBE fee schedule is raised by the Court's decision to deliver such a notification. The BCI is expected to respond to the notification by describing why the current fee is reasonable and how it conforms with the law. The verdict could have a big effect on aspiring solicitors, especially those from low-income backgrounds.