Lawyers Move Supreme Court Against BCI’s ₹1.25 Lakh Nomination Fee for State Bar Council Elections

The petitioners have moved the Apex Court through AoR Varun Mishra sought the court’s indulgence to quash the Bar Council of India’s (BCI) circular BCI:D:6880/2025(Council-STBC’s) dated September 25, 2025, which directs a non-refundable nomination fee of Rs.1,25,000 for contesting elections to the State Bar Councils.

The petitioners contended that the move by the BCI not only undermines the democratic process but also risks concentrating power in the hands of a few candidates with substantial financial resources, while preventing equitable participation by the majority of lawyers.

According to the petition, the circular is an attempt to circumvent the Supreme Court’s earlier judgment in W.P.(C) No. 352 of 2023 and effectively breaches the fundamental rights of the petitioners under Articles 14, 19, and 21 of the Constitution.

The BCI, a statutory body established under an Act of Parliament to regulate and represent the Indian Bar, exercises supervisory powers over the State Bar Councils, which are statutory bodies themselves. Consequently, the petitioners argued, the BCI and the State Bar Councils fall within the definition of “State” under Article 12 of the Constitution, making them amenable to the writ jurisdiction of the Supreme Court.

The petition highlights that elections for State Bar Councils in several states have not been held for decades. In a prior order dated September 24, 2025, in W.P.(C) No. 1319/2023, the Supreme Court had directed the BCI and State Bar Councils to conduct elections and complete the process by January 31, 2026.

In furtherance of this, the BCI issued its circular on September 25, 2025, providing directions to State Bar Council chairmen and secretaries to form Election Committees to manage the polls. The circular, however, introduced the steep ₹1,25,000 non-refundable nomination fee, justified by BCI on the grounds of shortage of funds following a reduction in enrolment fees in line with the Court’s July 24, 2024, judgment in W.P.(C) No. 352 of 2023.

The petitioners argue that the fee hike is discriminatory, undemocratic, and antithetical to the principles of a free and fair election, a cornerstone of democracy. They submit that such measures encourage the use of “money and muscle power” in what is traditionally a noble profession and create an uneven playing field, effectively disenfranchising ordinary advocates and undermining voter participation.

The writ petition therefore prays for the following:

1. Quash the impugned BCI circular dated September 25, 2025, which imposes the ₹1,25,000 non-refundable nomination fee.

2. Direct the respondents to conduct State Bar Council elections in accordance with the schedule notified under the Court’s September 24, 2025, order.

3. Pass such other or further orders as deemed just and appropriate in the facts and circumstances of the case.