A challenge has been mounted in the Kerala High Court against a decision by the Bar Council of India (BCI) to impose a ₹2,400 nomination fee for candidates contesting elections to a State Bar Council. In the petition, advocates argued that this increase is arbitrary, disproportionate, and contrary to the Advocates Act’s statutory limits. The petitioners maintain that the fee hike imposes an excessive financial burden on aspirants and undermines the democratic participation of members of the legal profession.
The petitioners contend that the Advocates Act prescribes criteria for election processes and fees, and that the BCI lacks power to supersede or inflate these beyond what the statute expressly permits. They submit that by unilaterally increasing the nomination fee to ₹2,400, the BCI has acted beyond its statutory mandate, jeopardising fairness and equal opportunity in Bar Council elections. The petition also challenges the procedural basis of the decision, questioning whether proper consultation and notice were given to stakeholders before effecting such a significant change.
In response, the State Bar Council and the BCI have been asked to file counter-affidavits explaining the basis and justification for the fee increase, and to show whether it was adopted after following due process. The High Court has sought pleadings on whether the fee hike aligns with principles of proportionality and whether it unduly restricts candidature. The court will examine whether the BCI’s decision interferes with advocates’ right to contest elections and whether the increase is reconcilable with legislative limits or regulatory discretion.
In its directions, the High Court also called upon the BCI to place before the court the resolution or governing body decision that approved the ₹2,400 fee, along with records documenting the deliberations, stakeholder input, and legal rationale. The court emphasized that any change affecting election participation must withstand scrutiny against statutory norms and constitutional principles. The matter has been listed for further hearing, where the court will decide whether the BCI’s nomination fee hike is legally sustainable or must be struck down or modified.
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