Supreme Court Approves BCI's Nomination Fee, Asks HCs Not To Interfere With State Bar Council Elections On Fee Challenge

The Supreme Court on Thursday approved the nomination fee of Rs 1.25 lakhs fixed by the Bar Council of India for contesting elections to the State Bar Councils.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi also directed that no High Court should interfere with the ongoing Bar Council Elections on account of any challenge to the prescription of the election fee. The bench declared that all writ petitions pending in the High Courts on this issue will be deemed to have been dismissed.

The bench observed that the Bar Council of India is incurring expenses for elections, and it needed to raise funds.

The Court took note of the serious financial constraints that would be caused to the Bar Council funds if elections were to be carried out from their funds. The reduction of the enrolment fee has affected the funds of State Bar Councils, the Court noted.

"In some of the matters, the financial conditions of the state bar councils have been precarious, as explained to us, especially as a result of the substantial reduction of the registration fees ..."

The Court further observed in the order :

"In case a reasonable amount of fees is not levied for meeting the election expenditure, it is obvious that the burden of the election expenditure shall have to be passed on amongst the members of the bar who are not keen to contest the election; the chilling effect would be faced by such young lawyers who have not even begun their profession"

The bench upheld the decision of the BCI to recover the expenditure from those who are contesting the elections. The bench further directed :

"It was not necessary for any High Court for interfering in the fee structure prescribed for the purpose of elections of the state bar council."

The Court also directed that the High Courts shall now allow any challenge to the decision of the BCI on the election nomination fees. It ordered :

"The copy of this order shall be circulated to all the High Courts to ensure that no interference shall be made in the ongoing elections on account of any challenge proceeding on the prescription of the election fees." 

The bench was considering a petition filed by the Bar Council of India seeking to transfer to the Supreme Court a petition pending in the Delhi High Court challenging the nomination fee. The petitioner in the High Court argued that as per the Bar Council of Delhi Rules, the nomination fee is only Rs 500, and that BCI cannot fix a higher amount as the nomination fee. The petitioner further argued that if the BCI was in need of funds, it ought to seek the assistance of the Government.

The bench however was not persuaded by these arguments. "Why should you contest elections? Don't contest elections if you cannot pay the amount," CJI Kant observed.

The CJI further said that since the BCD doesn't run any other business activity and survives only on the council membership fees, why should those funds be utilised for elections by private candidates?

Senior Advocate Manan Kumar Mishra, BCI Chairperson, appeared for the BCI.

Earlier, the Court had refused to entertain a writ petition filed by advocates challenging the nomination fee.

Case : BAR COUNCIL OF INDIA v. PRAHLAD SHARMA AND ORS. T.P.(C) No. 3577-3590/2025