The Delhi High Court on Wednesday sought the Bar Council of India (BCI) and the Central government’s responses to a plea challenging the BCI’s decision to increase the nomination fee for contesting State Bar Council elections to ₹1,25,000 up from ₹25,000 [Pramod Kumar Singh v Bar Council of India & Ors].

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the order and said the case will be heard next in December. 

The Court was hearing a public interest litigation (PIL) filed by Pramod Kumar Singh stating that BCI fixed the nomination fee at ₹1,25 lakh, citing a drastic reduction in enrollment fees for advocates (from around ₹16,000 to ₹600) as justification for a funding shortfall to manage elections.

However, this nomination fee hike is arbitrary, excessive, unreasonable and undemocratic, violating Articles 14 and 19 of the Constitution, the plea said.  

“That such increase of nomination fee is also against the democratic process of elections thus, against the principles of natural justice and as well as against the mandate of Articles 14 and 19 of the Constitution of India,” it was submitted. 

Further, it was argued that such an increase in the nomination fee promotes money and muscle power in the hands of certain lawyers. 

“And there is every likelihood that the real and experienced advocates/candidate may not be able to contest the upcoming elections and only the candidates having huge money power, etc. would succeed to contest and win the State Bar Councils elections,” the plea said.