Tushar Tanwar Vs Bar Council of India (Punjab and Haryana High Court)
The Punjab and Haryana High Court addressed a Public Interest Litigation (PIL) filed by Tushar Tanwar against the Bar Council of India (BCI) concerning the fee structure of the All India Bar Examination (AIBE). The petitioner sought various reliefs, primarily challenging the application fee charged by the BCI for the AIBE, which is ₹3500 for General/OBC candidates and ₹2500 for SC/ST candidates, along with other incidental charges. The petitioner contended that this fee violates Section 24(1)(f) of the Advocates Act, 1961, infringes upon Article 19(1)(g) (freedom to practice any profession) and Article 14 (equality before law) of the Constitution of India, and is contrary to a judgment of the Supreme Court in W.P. (C) No. 352/2023.
The core grievance raised by the petitioner, a practicing lawyer, is the imposition of a separate examination fee by the Bar Council of India in addition to the registration fee. The petitioner argued that there is no provision within the Advocates Act that empowers the BCI to levy an examination fee for the AIBE. In this regard, the petitioner had previously submitted a representation to the Bar Council of India, which, as of the hearing, had not been considered or addressed by the respondent. While the High Court refrained from immediate intervention on the merits of the case, it directed the Bar Council of India to consider and decide upon the representation submitted by the petitioner within a period of 30 days from the date of receiving a copy of the court’s order. The BCI is also required to pass a speaking order, providing reasons for its decision on the representation. With these directions, the petition was disposed of.
