Supreme Court Upholds Bar Council’s Fee for AIBE

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Quick Summary

  • The Supreme Court declined to intervene in a petition challenging the fees charged by the Bar Council of India (BCI) for the All India Bar Examination (AIBE).
  • BCI charges ₹3,500 for General/OBC candidates and ₹2,500 plus incidental costs for SC/ST candidates.
  • Petitioner Sanyam Gandhi argued that these fees violate Section 24(1)(f) of the Advocates Act, 1961, as well as essential rights under Articles 19(1)(g) (freedom to practice any profession) and 14 (equality) of the constitution.
  • Gandhi referred to a recent Supreme Court decision in the Gaurav Kumar case that dealt with enrolment fees charged by State Bar Councils exceeding statutory limits outlined in Section 24 of the Advocates Act.
  • The Court asserted that conducting AIBE involves significant expenses for BCI and ruled that charging ₹3,500 or ₹2,500 is not unconstitutional or inconsistent with legal provisions.

Indian Opinion Analysis

The Supreme CourtS judgment highlights critical issues surrounding professional examinations in India. While Section 24(1)(f) appears to provide fee caps for law graduates enrolling with state Bar Councils, this case distinguishes those caps from examination fees levied for certifications required to practice law. The ruling underscores practical considerations such as administrative costs incurred by BCI while organizing nationwide exams like AIBE.

For aspiring legal professionals from economically weaker sections-especially SC/ST-such fee structures may still present financial hurdles despite being legally sound and justified thru operational expenses communicated by BCI. This decision could set a precedent influencing discussions on balancing affordability with institutional requirements across professional certification frameworks in india.

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