The Kerala High Court on Wednesday (September 23) directed the Bar Council of Kerala (BCK) to continuously update the list of advocates, who have not cleared All India Bar Examination (AIBE) or obtained Certificate of Practice (CoP). [2026 LiveLaw (Ker) 525]

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation that pointed out the inaction on the part of the State Bar Council in not following the rules and the provisions of the Advocates Act, thereby permitting advocates to practice without a Certificate of Practice.

On August 19, the Court had directed action against around 1,157 advocates, who are practicing in the State without a valid CoP and without clearing AIBE from July 2010 to December 2021. It had passed an order directing immediate publication of the list of these advocates on the websites of the High Court as well as the State Bar Council and to ensure follow-up action in terms of Rule 18 of the Certificate and Place of Practice (Verification) Rules, 2015.

The Registry of the High Court and all the District Courts were directed not to register any matter in which these advocates had vakalath. It was further directed that in case these advocates had vakalath, there should be an endorsement on the file for the bench before which the case is posted.

Yesterday, when the matter came up, the Court recorded that the afore direction was complied with but noted that such instances could repeat. Thus, it ordered the BCK to prepare the list of advocates, who have not cleared AIBE or obtained CoP, after 2021.

"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 date and shall continue to review whether there are any defaults in qualifying the All India Bar Examination. This will not prevent Advocates who have qualified in the meantime from applying for a Certificate of Practice, and the list of such Advocates shall also be published by the Bar Council of Kerala."

The Court also made it clear that once the updated list is received, the Registrar concerned must inform the district judges of the State, who in turn, shall act in accordance with the Court's order dated August 19.

"Upon receiving intimation from the Bar Council of Kerala, the Registrar (District Judiciary) shall intimate the learned District Judges, who shall act accordingly."

Thus, the Court disposed of the PIL.

Case No: WP(PIL) No. 147 of 2026

Case Title: Amarnath Joshi Surendiran v. Secretary, Bar Council of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 525

Petitioner appeared in person.

Counsel for the respondents: P. Ramakrishnan - BCK, Shinto Mathew Abraham, Veena Raveendran, Anil Sebastian Pulickel, Leah Rachel Ninan, Mathew Nevin Thomas, Karthik Rajagopal, Kurian Antony Mathew, Noel Ninan Ninan, Aparnna S., Adeen Nazar, Rohan Mathew, Santhosh Mathew (Sr.) - KeLSA, Rajit - BCI, Biju Meenattoor - Senior Government Pleader.

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