Can AIBE Fees Be Waived for Poor Law Graduates?

The Supreme Court on Friday, July 18, urged the Bar Council of India (BCI) to assess the possibility of introducing a fee relaxation policy for law graduates from economically weaker backgrounds appearing for the All India Bar Examination (AIBE). A bench comprising Justice PS Narasimha and Justice AS Chandukar made the observation while hearing a writ petition that challenged the ₹3,500 registration fee for the AIBE as exorbitant and contrary to the Court’s earlier ruling on fee caps.

During the hearing, reference was made to the Supreme Court’s judgment dated July 30, 2024, where the bench led by CJI DY Chandrachud had ruled that enrolment fees for State Bar Councils should not exceed ₹750 for general category advocates and ₹125 for SC/ST candidates. The petitioner argued that the AIBE fee remains disproportionately high despite that ruling.

Responding to the Court, BCI’s counsel stated that the revenue generation avenues for the Council had been significantly reduced following the 2024 judgment, and the ₹3,500 fee was relatively modest compared to other professional entrance exams. He also noted that while most candidates take the AIBE before formally entering the legal profession, many appear within the first two years of starting practice.

Justice Narasimha, however, pressed the need for BCI to reassess the AIBE fee structure, particularly in light of India’s socio-economic diversity. He pointed out that while ₹3,500 might not seem substantial in metro cities like Delhi, it could be a significant burden for aspiring advocates practising in rural or district courts. “We cannot have a generalised approach,” he remarked. “There are different segments in the population and ₹3,500 may be big money for some.”

The bench was informed of the following AIBE participation statistics: 2.29 lakh candidates appeared in AIBE 19 (December 2024), 1.44 lakh in AIBE 18 (December 2023), and 1.71 lakh in AIBE 17 (February 2022). Given the large number of test-takers, the Court suggested that BCI consider creating a financial assistance mechanism or fund to support candidates unable to afford the registration fee. Justice Narasimha asked, “Is there any part of the scheme for those who cannot afford? Have you thought of it?”

While the BCI counsel expressed concerns about opening the floodgates for exemption requests, he assured the Court that the Council would look into the matter and explore a balanced approach.

The case, titled Kuldeep Mishra v. Bar Council of India [W.P.(C) No. 000767 / 2024], has been adjourned for further hearing after two weeks.