Bar councils have to survive: Supreme Court refuses to entertain plea against ₹3,500 AIBE Exam fee

The Supreme Court on Monday refused to entertain a petition challenging the exam fee of ₹3,500 for taking the All India Bar Examination (AIBE)..A Bench of Justice JB Pardiwala and Justice R Mahadevan observed that the Supreme Court has already set a limit for enrolment fees charged by State bar councils and the BCI and any further restrictions could constrict the bar bodies."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 said.The Bench was referring to the top court's July 2024 order in Gaurav Kumar v. Union of India in which it had held that enrolment fees charged by State Bar Councils and the Bar Council of India (BCI) for enrolment of lawyers cannot exceed the limit prescribed by the Advocates Act.The Court eventually allowed Gandhi to withdraw the plea and make a representation to the BCI.It also granted liberty to the petitioner to move the Court again if the BCI turns down the plea."We are of the view that the petitioner should highlight to the BCI that this charge is contrary to judgment rendered by this court. Petitioner can file a representation in this regard and wait for a response within reasonable time. He may approach this court and even if there is a negative reply by BCI," the Court said..The petitioner, Sanyam Gandhi, argued that charging of ₹3,500 for taking the AIBE violates Articles 14 and 19 of the Constitution. It was also submitted that the fee was in contravention of the provisions of the Advocates Act..Gandhi further contended that the ₹3,500 fee was also in violation of the Supreme Court's 2024 ruling in Gaurav KumarHowever, the Court did not prima facie agree with the arguments.It also inquired why the petitioner had not approached the High Court first."It is about the fundamental rights of the legal aspirants," the lawyer informed.Therefore, the Court asked the petitioner to make a representation before the BCI. If there is no response or if the BCI replies in the negative, the petitioner may then approach the Court, the Bench said..[Read Live Coverage]