'You're Inviting A Probe': Kerala High Court Raps BCI Over ₹1.25 Lakh Nomination Fee For State Bar Council Elections

The Kerala High Court on Friday (January 23) quizzed the Bar Council of India while hearing a plea challenging BCI's recent decision to hike the nomination fee for State Bar Council elections from ₹5,000 to ₹1,25,000— a 2400% increase.

Earlier, the Court had directed the BCI to maintain status quo and later, modified the order to clarify that the status quo is with respect to the nomination fee and not to interdict the State Bar Council elections.

When the matter came up, Justice Bechu Kurian Thomas, asked the BCI what the funds would be utilised for. 

"What is the fund for? Enrolment you are charging fee...What activities? Can that be a reason for charging 1.25 lakhs for nomination?," the Court orally asked.

The standing counsel replied that this was for conducting its many activities, including payment of staff salary, conducting enrolment and sending verification certificates, etc.

Hearing the same, Justice Bechu orally remarked: "You are inviting probe into how you are using this money, your activities...Are your members travelling by business class or first class? For every committee meeting?...It's terrible."

The Court was informed about a recent order of the Supreme Court, wherein it had directed the BCI to initiate steps to ensure adequate representation for specially-abled lawyers in future elections and also ordered a reduction in the nomination fee from Rs.1.25 lakhs to Rs. 15,000 for specially abled advocates for contesting in the elections.

A January 9 order of the Apex Court in Bar Council of India v. Prahlad Sharma & Anr. was also brought to the notice of the Bench.

However, the counsel appearing for the petitioner pointed out that in Kerala, the nomination fee is fixed as per Bar Council of Kerala Rules, 1979. The Rules were duly approved by the BCI itself in 1980 and there, the prescribed nomination deposit remains ₹5,000, refundable in case of withdrawal or success, he added.

He also told the Court that the Supreme Court's interim orders do not apply to cases already pending.

"Bar Council of India, does it have the power to overrule the Rule in Bar Council of Kerala?...If it is a rule peculiar to Kerala then...Status quo is extended. There is no time limit. Stay continues until vacated," the Court orally observed.

The case will be heard next on February 9.

Case Title: Adv Rajesh Vijayan v Bar Council of India and Another

Case No: WP(C) 36545/ 2025

Counsel for petitioner: Santhosh Mathew (Sr.), Shinto Mathew Abraham, Arun Thomas, Veena Raveendran, Karthika Maria, Anil Sebastian Pulickel, Leah Rachel Ninan, Mathew Nevin Thomas, Karthika Rajagopal, Kurian Antony Mathew, Aparnna S, Adeen Nazar, Arun Joseph Mathew, Noel Ninan.