The Supreme Court on Tuesday dismissed a petition challenging the fee of ₹3,500 charged by the Bar Council of India (BCI) for candidates appearing in the All India Bar Examination (AIBE) [Sanyam Gandhi vs. Union of India & Anr.]. .A Bench of Justices JB Pardiwala and Sandeep Mehta said the charges could not be considered unconstitutional since the BCI has to bear significant costs to conduct the exam. .The petition was filed by one Sanyam Gandhi, who appeared in person. Gandhi argued that the fee violated Sections 24 of the Advocates Act, 1961 as well as Articles 14 and 19(1)(g) of the Constitution, which guarantee equality and freedom to practise a profession.Senior Advocate Gurukrishna Kumar, appearing for the BCI, pointed out that Gandhi had earlier filed a writ petition on the same issue, which was disposed of with liberty to make a representation to the Bar Council. That representation had been replied to. He added that the Court’s earlier ruling in Gaurav Kumar v. Union of India applied only to enrolment fees and not to examination fees.“This is the examination fee. This is a separate subject. There are several issues like infrastructure cost we have to incur, various other aspects also,” Kumar said..Justice Pardiwala then asked Gandhi why he believed the examination fee of ₹3,500 for general and OBC candidates and ₹2,500 plus incidental charges for SC/ST candidates, violated constitutional provisions.Gandhi argued that the purpose of enrolment itself was being undermined. But Justice Mehta clarified that the Court was not questioning the BCI’s authority to conduct the AIBE, only the legitimacy of the examination fee.“We are not on that aspect. We are not examining the justification behind Bar Council conducting AIBE. If they are charging 3500 there is nothing wrong in it,” Justice Mehta said.When Gandhi disagreed, Justice Mehta reassured him."I beg to differ", Gandhi said. “You have a right to do that. Everyone has a right to differ. That’ll make you a good lawyer,” Justice Mehta remarked.Justice Pardiwala lightened the mood by telling Gandhi that the one-time fee would yield far greater rewards once he starts practicing law.“Listen Mr. Gandhi. You have to pay this 3500 once and you will earn 350000000 (many other zeros). In fact they are giving you an opportunity to have many zeros. Good show,” Justice Pardiwala said.Justice Mehta joined in, pointing to the senior advocate appearing in the case.“You will be rubbing shoulders with Mr. Gurukrishna Kumar once you clear the examination,” Justice Mehta said..Ultimately, the bench dismissed the plea. “We can appreciate that BCI would incur huge expenses for the purpose of conduct of such exam and therefore if they are charging ₹3500 and ₹2500 respectively it cannot be termed as violative of any of the provisions of the Constitution or the Advocates Act,” the Court noted.
