Supreme Court clears Rs.1.25 Lakh Nomination Fee for Bar Council Polls, bars High Court interference

The Supreme Court has approved the Bar Council of India’s decision to fix a Rs.1.25 lakh nomination fee for candidates contesting State Bar Council elections, while simultaneously directing all High Courts to stay away from interfering with the ongoing election process, bringing immediate finality to a long-running dispute affecting Bar governance across the country.

The issue arose from multiple challenges mounted before various High Courts questioning the steep nomination fee, with petitioners arguing that State Bar Council rules prescribed a much lower amount and that the BCI lacked authority to impose a higher fee. The Bar Council of India countered that it bears the financial burden of conducting elections and that its funds have been severely strained, particularly after reductions in enrolment and registration fees.

It warned that funding elections from general Bar Council funds would unfairly shift the burden onto advocates who have no intention of contesting elections, including young lawyers at the early stages of their careers.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi upheld the BCI’s rationale, observing that several State Bar Councils were already in a precarious financial position and could not be expected to absorb election expenses. The Court endorsed the principle that election costs should be borne by those choosing to contest, noting that without a reasonable fee, “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.” 

Rejecting the plea that government funding should be sought, the Court held that High Courts had no justification to interfere in the fee structure and ordered that all pending writ petitions on the issue be treated as dismissed, further directing circulation of its order to ensure uninterrupted elections.