Advocates Move Supreme Court Challenging BCI Hiking Nomination Fee For Bar Council Elections To Rs 1.25 Lakhs

Two advocates approached the Supreme Court challenging the Bar Council of India's (BCI) decision to impose what they term an “excessive and exorbitant” nomination fee for candidates contesting in the upcoming State Bar Council elections.

The petition, filed under Article 32 of the Constitution, challenges the BCI's circular (No. BCI:D:6880/2025(Council-STBC's)) dated September 25, 2025, which fixed the non-refundable nomination fee for candidates at Rs 1,25,000. The petitioners, who are advocates enrolled with the Bar Councils of Delhi and Uttar Pradesh, have alleged that the fee hike is arbitrary, discriminatory, and contrary to the democratic spirit of the Constitution.

"Imposition of condition precedent to deposit exorbitant amount of Rs,1,25,000/- in the name of nomination fee to be eligible to take part in the electoral process whereas poses threat to the fairness in the democratic process on the one hand; it abridges the rights of the citizens of equality and of fair opportunity. Imposition of such a huge sum to be eligible to take part in election not only deprives the voters of level playing field but also curtails the choices of the voters. Such curtailment of the choices of citizens/ voters tantamount to unfairness in the electoral process," stated the petiton filed by Advocates Manish Jain and Pradeep Kumar.

The BCI issued the circular pursuant to the Supreme Court's order dated September 24, 2025, in Writ Petition (Civil) No. 1319/2023, directing that long-pending State Bar Council elections be completed by January 31, 2026. The BCI subsequently instructed all State Bar Councils to constitute election committees and conduct the polls, while simultaneously revising the nomination fee to the new amount.

The petitioners contend that the justification cited by the BCI, a purported shortage of funds following the Supreme Court's 2024 judgment reducing enrolment fees, cannot be a valid ground for burdening candidates with such a steep nomination charge. The petitioners also refute the claim that State Bar Councils have shortage of funds. In this regard, it is stated that the Bar Council of Delhi alone has about Rs 99 crores, as per data available in the public domain.

Calling the decision “an antithesis to democracy,” the petition asserts that the exorbitant fee would restrict participation to only those with financial means, thereby “promoting the use of money and muscle power” in what should be a fair and representative election. It argues that the measure creates a divide between the “haves” and “have-nots,” undermining equality and the right to fair participation under Articles 14, 19, and 21 of the Constitution.

The advocates have urged the Supreme Court to quash the BCI's September 25 circular and direct that the elections be conducted strictly in accordance with the Court's earlier order.

The petition emphasizes that free and fair elections are the “hallmark of democracy” and contends that the current fee structure poses a serious threat to the integrity of the Bar Council electoral process.

The petition has been filed through Varun Mishra AoR.