Supreme Court Issues Notice to BCI on INR 3,500 AIBE Fee: A Review of Legal and Financial Implications

New Delhi, May 22, 2025 — In a significant development concerning the All India Bar Examination (AIBE), the Supreme Court of India has issued a notice to the Bar Council of India (BCI) in response to a Public Interest Litigation (PIL) challenging the INR 3,500 examination fee. The move has reignited a crucial debate on the affordability and legality of the AIBE, a mandatory qualification test for law graduates seeking to practice law in India.

Background of the Case: Excessive AIBE Fee Under Scrutiny

The PIL, filed by Advocate Sanyam Gandhi, claims that the current AIBE fee of INR 3,500 is excessive, especially for economically weaker law graduates. According to Gandhi, the fee structure violates the Supreme Court’s 2024 ruling in the Gaurav Kumar v. Union of India case, which held that under Section 24(1)(f) of the Advocates Act, 1961, the enrolment fee should be capped at INR 750 for General Category candidates and INR 125 for SC/ST candidates.

The plea argues that since the AIBE is a mandatory precondition for obtaining a license to practice law, its fee must comply with the legal limits established by the Supreme Court. The AIBE, therefore, must be regulated in a manner that ensures equal access to legal practice for all aspirants.

Court’s Previous Stand and New Directions

It is noteworthy that the Supreme Court had earlier declined to entertain a similar petition on February 24, 2025, reasoning that bar councils need adequate funds to maintain administrative and operational efficiency. The Court also recommended that the petitioner approach the Bar Council of India (BCI) directly for redressal.

However, in a fresh move showing judicial openness, a bench comprising Justices JB Pardiwala and R Mahadevan has now issued a formal notice to the BCI, seeking an explanation for the current AIBE fee structure.

BCI’s Response Awaited: Justification of AIBE Fee Structure Required

The BCI is now obligated to respond with a formal explanation detailing:

• The rationale behind charging INR 3,500 as the AIBE fee.
• How the current AIBE fee aligns with the statutory framework laid out in the Advocates Act, 1961.
• Whether the AIBE fee includes additional services or infrastructural support that justifies the amount.

The Bar Council’s response will be critical in determining whether the current AIBE fee complies with the legal standards of affordability and fairness.

Impact on Law Graduates: AIBE Fee Remains a Barrier

The outcome of this legal battle is poised to have a profound effect on law graduates across India, particularly those from low-income and marginalized communities. Many students and young professionals have raised concerns over the AIBE fee being a financial burden, especially after having already paid for a legal education and bar enrolment.

The AIBE is not just a formality; it is a legal requirement for practicing as an advocate in India. As such, the AIBE fee structure needs to be transparent, justified, and inclusive.

Wider Debate: Should AIBE Be Free or Subsidized?

The current PIL has also sparked a broader conversation about whether the AIBE should be:

• Free of cost for SC/ST and economically weaker section candidates.
• Subsidized for law graduates from public universities.
• Supported by government schemes or legal aid funds.

Legal education experts argue that making AIBE more affordable is essential to ensure diversity and equity within the Indian legal profession.

Conclusion: Awaited Verdict May Redefine AIBE Fee Norms

With the Supreme Court now involved, the future of the AIBE fee structure hangs in balance. If the fee is deemed illegal or excessive, the Court may order a reduction or even a complete restructuring of the AIBE payment model.

Until then, aspiring advocates and law institutions across India will keenly await the BCI’s official reply, which could serve as a turning point in the accessibility of the legal profession in India.