Supreme Court Asks BCI If AIBE Registration Fees Can Be Relaxed For Poor Law Graduates

The Supreme Court on July 18 asked the Bar Council of India to consider having a policy for fee exemption for those candidates who cannot pay the All India Bar Examination fees.

The bench of Justice PS Narasimha and Justice AS Chandukar was hearing a writ petition over the exorbitant fees of Rs. 3500/- charged for All India Bar Examinations which is contrary to the Court's earlier decision on July 30, 2024. 

On July 30, 2024, the bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the State Bar enrolment fee cannot exceed Rs 750 for advocates belonging to the general category and Rs 125 for advocates belonging to SC/ST categories.

The Advocate representing the BCI stressed that due to the July 30 decision, the sources of revenue has become limited for BCI to carry out other functions. 

Justice Narasimha asked the counsel for BCI to the possibility of re-assessing the AIBE fees policy. 

" Take an assessment and check, we don't want to become the regulator- BCI is the body, which we respect, it takes care of the multiple obligations that they have towards members of the Bar." 

The BCI counsel reverted that the fees of Rs. 3,500/- for the AIBE were very less compared to other mainstream exams that happen. He further added that while most of the young professionals take the exam before entering the industry, few are those who give the exam within 2 years of their entry into the profession. 

At this juncture Justice Narasimha pointed that "fees of NLUs and other Law Schools have also gone very high.....take loans, have to work and then come here (in the profession) , but generally other than those across the country - for everybody to practise, to pay Rs. 3500/- is on the higher- this has to be reflected upon once more and then tell us."

He added that the fees have to be applied considering the spectrum of economic diversity within the legal industry. He said 

"We cannot have a general perspective of how it will effect- because there are different segments of the population. Somebody practising in a district court, is a very big money. In Delhi, if you go out for lunch or dinner, Rs.3500/- just evaporates!" 

The bench was informed that the following is the statistics on the number of people appearing for AIBE in the past 3 years - (1) AIBE 19 (December 2024) - 2.29 Lakhs; (2) AIBE 18 (December 2023) - 1. 44 lakhs; (3) AIBE 17 (February 2022) - 1. 71 Lakhs. 

The bench then pondered the possibility of creating a fund for those who cannot afford the fees of Rs. 3500/- . Justice Narasimha verbally remarked: 

"Is there any part of the scheme for those who cannot afford...have you thought of it? Some funds you create and set aside..somebody makes an application that please exempt- do you have a scheme like that? You must have." 

The counsel agreed to look into the aspect and added that a balanced scheme would be require, else it may 'open floodgates' for such fees exemption applications. 

The matter will now be heard after two weeks. 

Case Details: KULDEEP MISHRA vs. BAR COUNCIL OF INDIA| W.P.(C) No. 000767 / 2024