Kerala High Court Orders Bar Council to Identify Advocates Failing AIBE
The Kerala High Court has issued a directive to the Bar Council of Kerala (BCK) to identify and publish the names of advocates who have not cleared the All India Bar Examination (AIBE) since 2021. This decision was pronounced in the case of Amarnath Joshi Surendiran v The Secretary, Bar Council of Kerala & Ors.
On Wednesday, the Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM mandated the Kerala Bar Council to complete this task within eight weeks. This ruling follows an affidavit submitted by the Council, detailing compliance with the Court’s earlier order from August 19. The prior order required the Council to list 1,157 advocates, enrolled between 2010 and 2021, who had not passed the AIBE. The court also instructed court registries not to register cases where these advocates had filed vakalatnamas and directed that this list be distributed to district courts across Kerala.
The Court’s recent directive aims to prevent similar issues in the future and address cases that may have arisen post-2021. The Court stated, “Having regard to the ramifications that may arise if similar instances occur in future, and also in respect of instances occurring after 2021, the Bar Council of Kerala shall update the list of such Advocates from 2021 onwards within eight weeks from today and shall continue to review whether there are any defaults in qualifying the All India Bar Examination.”
Additionally, the Court clarified that advocates who have since cleared the AIBE could apply for a Certificate of Practice (CoP). The updated list must be published and sent to the Registrar (District Judiciary), who will forward it to the relevant district judges for further action.
Public Interest Litigation and Court’s Response
This directive originated from a Public Interest Litigation (PIL) filed by Amarnath Joshi Surendiran. The PIL raised concerns about advocates allegedly practising law without clearing the AIBE or obtaining a CoP. Surendiran discovered this issue during a matrimonial dispute in a family court, where he found that the opposing counsel had not cleared the AIBE and lacked a valid CoP. Using the Right to Information Act, he obtained information regarding the AIBE status of advocates registered with the Council.
After reviewing the evidence provided by both the petitioner and the Bar Council of Kerala, the Court instructed the Council to update and regularly review the list of advocates who have not qualified AIBE, effectively disposing of the petition.
In the proceedings, the petitioner Amarnath Joshi Surendiran represented himself. Senior Advocate Santosh Mathew, instructed by Advocate Shinto Mathew Abraham, appeared for the Kerala Legal Services Authority (KeLSA). Advocate P Ramakrishnan represented the Bar Council of Kerala, while Advocate Rajit appeared for the Bar Council of India. Senior government pleader Biju Meenattoor represented the State.
