Supreme Court of India
Credit: PTI photo
New Delhi: The Supreme Court on Tuesday rejected a plea challenging Rs 3,500 fee charged by the Bar Council of India for conducting the All India Bar Examination (AIBE), after holding that the fee was not at all "unconstitutional."
A bench of Justices J B Pardiwala and Sandeep Mehta observed that the BCI incurred huge expenses for conducting the examination and charging the fee was not violative of any provisions of the Constitution.
The court had previously issued notice to the BCI on a plea filed by advocate Sanyam Gandhi.
The petitioner challenged the BCI’s fee structure, on the ground that general and OBC candidates were being charged Rs 3,500 along with additional incidental costs, while SC/ST candidates were charged Rs 2,500 along with incidental costs. "The fee charged by the BCI is illegal, unconstitutional amd arbitrary," Gandhi submitted to the top court.
While dismissing his plea, the court asked him why he did not first approach the BCI in this regard.
The bench concurred with the BCI's submission that the judgment in Gaurav Kumar Vs Union of India, which held that Bar Councils cannot charge more than the statutorily prescribed Rs 750 for enrolment, would not apply to the AIBE fees.
Advocate Gandhi contended, the fee system was in violation of Article 14 of the Constitution, which ensured the right to equality, and to practice profession. He also claimed that it was contrary to Section 24(1)(f) of the Advocates Act, 1961.
"The fee violated Sections 24 of the Advocates Act, 1961 as well as Articles 14 and 19(1)(g) of the Constitution," his plea claimed.