Court Reduces Non-Refundable Nomination Fee from Rs.1,25,000 to Rs.50,000, Citing Lack of Statutory Backing
In a significant judgment, the Andhra Pradesh High Court, presided by Justice Gannamaneni Ramakrishna Prasad, has quashed the Bar Council of India's decision to increase the non-refundable nomination fee for contesting elections to the State Bar Councils from Rs.30,000 to Rs.1,25,000. The court held that the impugned proceeding lacked statutory backing and failed to communicate effectively with stakeholders, thereby frustrating the democratic process and violating Article 14 of the Constitution of India.
The judgment came after three writ petitions were filed by the Andhra Lawyers Association and other petitioners challenging the fee hike as arbitrary and ultra vires, lacking jurisdiction, and infringing upon Articles 14 and 19(1)(g) of the Constitution. The court acknowledged the democratic implications of the fee hike, noting it could prevent genuine candidates from contesting due to financial constraints.
The Bar Council of India justified the fee increase by citing financial constraints following a Supreme Court order reducing the enrollment fee for advocates from Rs.16,000 to Rs.600. However, the High Court found the Principal Secretary's executive order enhancing the fee to Rs.1,25,000 unsustainable in law, as it did not reference any statutory provisions or trace the source of its power.
The court highlighted that statutory bodies cannot operate in secrecy and must communicate resolutions to all stakeholders. It observed that the abrupt and multifold increase in the nomination fee was unjustified and could deter worthy candidates from participating in elections, thereby impacting the democratic process and the interests of the advocate community.
In response, the court ruled that the nomination fee for the upcoming elections would be reduced to ?50,000, a more reasonable amount considering inflation and other factors. Additionally, the court granted liberty to petitioners seeking reservation for SC, ST, and BC advocates to approach an appropriate forum, as the issue pertains to the entire country and cannot be adjudicated at the state level.
This judgment underscores the importance of statutory compliance and transparency in decision-making processes affecting democratic elections within professional bodies.
Bottom Line:
Bar Council of India cannot arbitrarily increase the non-refundable nomination fee for contesting elections of State Bar Councils without proper statutory backing and communication to stakeholders.
Statutory provision(s): Advocates Act, 1961 Sections 15, 49; Constitution of India Articles 14, 19
Andhra Lawyers Association v. Bar Council of India, (Andhra Pradesh) : Law Finder Doc Id # 2837947
