Case Note & Summary
The High Court of Andhra Pradesh at Amaravati heard three writ petitions challenging the Bar Council of India's communication dated 25.09.2025 that enhanced the non-refundable nomination fee for contesting State Bar Council elections from Rs.30,000 to Rs.1,25,000. The petitioners included the Andhra Lawyers Association, Gurram Rama Rao, and Jaya Prakash Madasu along with Battu Mary Leela Kumari. The first two writ petitions sought a writ of mandamus to declare the fee enhancement illegal, arbitrary, ultra vires, and violative of Articles 14 and 19(1)(g) of the Constitution, and to direct conduct of elections under the Advocates Act, 1961 and existing rules without the increased fee. The third writ petition additionally sought directions for eligibility criteria and adequate representation for Women, SC, ST, and BC Advocates to achieve equitable representation and social justice. The Bar Council of India justified the fee increase on the ground that State Bar Councils faced acute shortage of funds because the Supreme Court had reduced the enrollment fee of advocates from Rs.16,000 to Rs.600. The petitioners argued that the Andhra Pradesh Gazette Notification dated 14.05.2018, which fixed the nomination fee at Rs.30,000, remained in force, that the Principal Secretary could only convey decisions taken in accordance with statute and rules, and that the impugned notification was issued without consultation with the State Bar Council and contrary to Section 49(h) of the Advocates Act, 1961 and Rule 6 of the Bar Council of Andhra Pradesh Election Rules, 1973. The judgment text provided ends before the court's final analysis and order, so no final decision, ratio decidendi, or operative directions are available. The procedural history shows that the Supreme Court in Writ Petition (Civil) No.1319 of 2023 had directed fair and timely elections for State Bar Councils, and the Andhra Pradesh election process commenced vide notification dated 03.01.2026. The High Court reserved judgment on 02.01.2026 and pronounced on 05.01.2026.
Headnote
A) Constitutional Law - Excessive Nomination Fee - Legality of non-refundable nomination fee of Rs.1,25,000 fixed by Bar Council of India - Constitution of India, Articles 14, 19(1)(g), 21 - Petitioners challenged communication dated 25.09.2025 enhancing fee from Rs.30,000 to Rs.1,25,000 as illegal, arbitrary, ultra vires, without jurisdiction; Bar Council of India cited acute shortage of funds due to Supreme Court reducing enrollment fee from Rs.16,000 to Rs.600 - Held: final determination not available in extracted text (Paras 2,4,5-8).
B) Advocates Act, 1961 - Bar Council Elections - Nomination Deposit and Rule Making - Advocates Act, 1961, Section 49(h); Bar Council of Andhra Pradesh Bar Council Election Rules, 1973, Rule 6 - Petitioners contended that impugned notification was issued without consultation with State Bar Council and contrary to Section 49(h) and Rule 6, thereby lacking jurisdiction - Held: not determined in extracted text (Paras 3-4,8).
C) Constitutional Law - Equality and Representation in Bar Council Elections - Direction sought to set eligibility criteria and ensure adequate representation for Women, SC, ST, BC Advocates - Constitution of India, Articles 14, 19, 21 - In W.P.No.30063, petitioners sought a writ of mandamus for equitable representation and social justice for all sections of advocates pending writ petition - Held: not determined in extracted text (Paras 3,10).
Issue of Consideration
Whether the Bar Council of India's fixation of non-refundable nomination fee of Rs.1,25,000 for State Bar Council elections is illegal, arbitrary, ultra vires, without jurisdiction, and violative of Articles 14 and 19(1)(g) of the Constitution of India; whether eligibility criteria and adequate representation for Women, SC, ST, BC Advocates should be directed.
Final Decision
Not mentioned in extracted judgment text; final order not available.
Law Points
- Nomination fee must be fixed in accordance with Advocates Act
- 1961 and existing State Bar Council Election Rules
- enhancement without proper authority or consultation is ultra vires
- constitutional validity under Articles 14
- 19(1)(g)
- 21 of Constitution of India
- plenary power of Supreme Court under Article 142 for election supervision
Case Details
2026 LawText (AP) (01) 29
W.P. Nos. 29216, 30019 & 30063 of 2025
Gannamaneni Ramakrishna Prasad
M.V. Raja Ram, T. Singaiah Goud, M. Solomon Raju, G. Venkata Reddy, P. Narahari Babu, G. Arun Showri
Andhra Lawyers Association (W.P. No. 29216 of 2025), Gurram Rama Rao (W.P. No. 30019 of 2025), Jaya Prakash Madasu and Battu Mary Leela Kumari (W.P. No. 30063 of 2025)
Bar Council of India; Bar Council of Andhra Pradesh; Union of India (in W.P. No. 30063 of 2025)
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Nature of Litigation
Writ petitions under Article 226 of Constitution challenging the Bar Council of India's communication dated 25.09.2025 fixing non-refundable nomination fee of Rs.1,25,000 for State Bar Council elections.
Remedy Sought
Petitioners sought writ of mandamus declaring the enhancement of nomination fee illegal, arbitrary, ultra vires, and to direct conduct of elections under Advocates Act, 1961 and existing rules without increased fee; W.P.30063 also sought directions for eligibility criteria and adequate representation for Women, SC, ST, BC advocates.
Filing Reason
Bar Council of India enhanced non-refundable nomination fee from Rs.30,000 to Rs.1,25,000 citing acute shortage of funds due to Supreme Court reducing enrollment fee; petitioners alleged the fee was fixed without jurisdiction, consultation, and contrary to statutory rules.
Previous Decisions
Supreme Court order dated 18.11.2025 in Writ Petition (Civil) No.1319/2023 directed fair and timely elections for State Bar Councils; Andhra Pradesh State Bar Council election process commenced vide notification dated 03.01.2026 in compliance.
Issues
Whether enhancement of non-refundable nomination fee to Rs.1,25,000 by Bar Council of India is illegal, arbitrary, ultra vires, without jurisdiction, and violative of Articles 14 and 19(1)(g) of Constitution of India
Whether Bar Council of India was required to consult State Bar Council before fixing nomination deposit under Section 49(h) Advocates Act, 1961 and Rule 6 of Bar Council Election Rules
Whether court should set eligibility criteria and ensure adequate representation for Women, SC, ST, BC Advocates in Bar Council elections
Submissions/Arguments
Petitioners argued that Andhra Pradesh Gazette Notification dated 14.05.2018 fixed nomination fee of Rs.30,000 and remained in force; Principal Secretary cannot convey decisions not taken in accordance with statute
Petitioners contended that impugned notification was issued without consultation with State Bar Council and contrary to Section 49(h) Advocates Act, 1961 and Rule 6 of Bar Council of Andhra Pradesh Election Rules, 1973
Petitioners sought directions for equitable representation and social justice for Women, SC, ST, BC advocates
Respondents (Bar Council of India and State Bar Council) appeared through standing counsel but their arguments are not extracted in provided text
Ratio Decidendi
Not determinable from extracted text; only issues and arguments are evident.
Judgment Excerpts
declaring the action of the 1st Respondent in fixing a non-refundable nomination fee of Rs.1,25,000/ for filing nominations to contest in the elections of the State Bar Council of Andhra Pradesh, vide communication dated 25-09-2025, as illegal, arbitrary, ultra vires, without jurisdiction, and violative of Articles 14 and 19 (1) (g) of the Constitution of India
the Principal Secretary has enhanced the non-refundable nomination-fee for contesting the elections for the State Bar Councils to Rs.1,25,000/- from Rs.30,000/-
the respective State Bar Councils are facing an acute shortage of funds and the inability to bear the expenses for elections is because the Hon’ble Apex Court had reduced the enrollment fee of Advocates from Rs.16,000/- to Rs.600/-
Procedural History
Writ Petitions filed on or about 16.10.2025 challenging Bar Council of India proceeding dated 25.09.2025. Supreme Court order dated 18.11.2025 in W.P.(C) No.1319/2023 directed conduct of State Bar Council elections; Andhra Pradesh election process commenced vide notification dated 03.01.2026. High Court reserved judgment on 02.01.2026 and pronounced on 05.01.2026.
Acts & Sections
- Constitution of India: Articles 14, 19(1)(g), 21, 32, 142
- Advocates Act, 1961: Section 49(h)
- Bar Council of Andhra Pradesh Bar Council Election Rules, 1973: Rule 6
