When All India Bar Examination Becomes An Expensive Affair

The All India Bar Examination (AIBE) XVII was conducted on February 5, 2023. This year's AIBE saw a high turnout of aspiring lawyers who were eager to take the examination and move one step closer to their goal of practicing law in India. The written test consisted of 100 multiple-choice questions covering a wide range of legal subjects, including constitutional law, criminal law, family law, and labor law, among others. The results of the AIBE are expected to be released within the next few weeks. Candidates who pass the examination will be enrolled as advocates with the Bar Council of India and will be authorised to practice law in India.

The AIBE is conducted annually to test the ability of advocates to practice law in India and is mandatory for all lawyers who wish to enroll themselves with the BCI as advocates. While the AIBE is undoubtedly an important milestone for aspiring lawyers in India, many students argued that the cost of the examination was a significant burden. The fee for the AIBE is set by the Bar Council of India (BCI) and can vary each year.

The fee for the AIBE is currently set at Rs 3,500 for general/OBC candidates and Rs 2,500 for SC/ST candidates. While this may not seem like a large amount, it can still be a significant burden for many who are just starting out in their careers. Furthermore, the fee for the AIBE is non-refundable, which means that even if an individual is unable to take the examination due to unforeseen circumstances, they will not be able to recover their fees.

In addition to the AIBE fee, aspiring advocates had to also pay for other expenses including study materials, travel, accommodation, and most importantly, registration with their respective State Bar Councils. These costs can quickly add up, making the AIBE a much more expensive endeavour than it may seem at first glance.

For instance, the Delhi Bar Council Enrollment fee is Rs. 14,450 for those who apply for enrollment immediately after passing their law degree, Rs. 20,150 for those who apply for enrollment after 5 years of passing their law degree, and Rs. 35,150 for those who are retired, 45 years of age, or above. Further, to to obtain an Enrollment Form a sum of Rs. 1,000 is to be deposited with the Delhi Bar Council. The enrollment is an expensive affair in other states too, with the total enrollment fee for fresh graduates being Rs 42,100 for the State of Odisha, Rs 20,050 for Kerala, Rs 15,500 for Mumbai, Rs 25,000 for Gujarat, Rs 23650 for Uttarakhand and so on. A detailed table showing enrolment fees of all state bar councils in India with respective fee structure (2021) can be found here. 

Further, as per reports, as the AIBE neared, many stores, such as those in the Tis Hazari Court, Delhi or the Delhi High Court, refused to sell bare acts individually and urged candidates to buy the entire bundle which was made specifically for the AIBE. Many were left to wonder if the decision of the Bar Council of India (BCI) to allow the candidates to carry downloaded copies of Bare Acts without notes (or with least notes), caused the process to be more affordable at all. Reportedly, the cost of printing or photocopying bare acts added up quickly, as each act was a substantial document. 

Many aspiring lawyers in India come from economically disadvantaged backgrounds and may struggle to afford the AIBE fee. This can create a barrier to entry for individuals who have the potential to make a positive impact in the legal profession. Surprisingly, the annual fee of many law schools in the country is much lower than the cost incurred by candidates in appearing for the AIBE. For instance, the annual fees of Government Law College, Mumbai is Rs 6,520.

Other than the issues raised with the expenses incurred in the process, candidates also raised complaints pertaining to the data which was collected by BCI during the examination in some centres. Many objected to the BCI collecting biometrics of candidates during the AIBE as the BCI did not have any reference data to verify the same with as no Aadhar data was collected in registering for AIBE or State Bar Councils. 

Interestingly, the Constitution Bench of the Supreme Court has reserved judgment on a batch of petitions challenging the validity of the All-India Bar Examination recently and the decision of the court may have a significant bearing on the process of practicing law in India. 

(Reported by an AIBE candidate who prefers to remain anonymous).