An advocate cannot practise without clearing the All India Bar Examination and holding a Certificate of Practice. Acting on a PIL that flagged an RTI reply naming over 1,150 advocates in Kerala who had not passed the AIBE, the Kerala High Court has directed the Bar Council of Kerala to update and publish its list of such advocates, extend it to enrolments from 2021 onwards, and keep reviewing defaults, with District Judges to be told and to act accordingly.
Kochi: The Kerala High Court has directed the Bar Council of Kerala to update, publish and keep under review its list of advocates who have not cleared the All India Bar Examination (AIBE), in a public interest litigation concerning advocates appearing in courts without having qualified in the examination and obtained a Certificate of Practice [Amarnath Joshi Surendiran v. Secretary, Bar Council of Kerala and Others].
A Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the directions while disposing of the petition.
The background
The petitioner, appearing party-in-person, had drawn attention to a Right to Information reply from the Bar Council of Kerala, which, according to the petition, disclosed a list of 1,157 advocates across Kerala who had not passed the AIBE in the period from July 2010 to December 2021, and who, on that basis, were said to be not qualified. The petition also placed on record illustrative instances of advocates said to be unqualified having appeared before courts, including Family Courts and a Munsiff-Magistrate Court.
Earlier, by an order of August 19, 2026, the Court had called upon the Bar Council of Kerala to take action, and, at the present hearing, the Bar Council’s affidavit disclosing the action taken pursuant to that order was taken on record.
The directions
Having regard to the ramifications that could arise if similar instances recurred, and in respect of instances occurring after 2021, the Court directed the Bar Council of Kerala to update the list of such advocates from 2021 onwards within eight weeks, and to continue reviewing whether there are any defaults in qualifying the AIBE. The Court clarified that this exercise would not prevent advocates who have qualified in the meantime from applying for a Certificate of Practice, and directed that the list of such advocates also be published by the Bar Council.
The Court further directed that, upon receiving intimation from the Bar Council of Kerala, the Registrar (District Judiciary) shall intimate the District Judges, who shall act accordingly. With these directions, the petition was disposed of.
Why it matters
The All India Bar Examination, conducted by the Bar Council of India, is a post-enrolment qualifying test that an advocate must pass to be entitled to practise; clearing it is the basis on which a Certificate of Practice is issued. An advocate who has been enrolled but has not cleared the AIBE, and therefore does not hold a valid Certificate of Practice, is not entitled to appear and practise before courts. The concern the PIL raised is that, if such advocates nonetheless appear, litigants may be represented by persons not qualified to do so, which touches both the integrity of the process and the interests of clients.
The Court’s directions are aimed at building a workable verification mechanism rather than at penalising individuals. By requiring the Bar Council to maintain, update and publish a current list of advocates who have not qualified, and to route that information to the District Judiciary, the order creates a means by which courts can be alerted to appearances by unqualified persons and act on them. The extension of the exercise to enrolments from 2021 onwards, and the direction to keep the review continuing, are intended to ensure the mechanism does not become a one-time snapshot but remains current.
The order is also careful not to prejudice those who have since qualified. It expressly preserves the right of advocates who have cleared the AIBE in the meantime to apply for a Certificate of Practice, and requires that list too to be published, so that the mechanism distinguishes between those who remain unqualified and those who have regularised their position. The figure of 1,157 relates to the period up to December 2021 as disclosed in the RTI reply, and the updated, post-2021 picture is what the Bar Council has now been directed to compile and publish.
Case Title: Amarnath Joshi Surendiran v. The Secretary, Bar Council of Kerala and Others [W.P.(PIL) No. 147 of 2026]
Bench: Chief Justice Soumen Sen and Justice Syam Kumar V.M., High Court of Kerala at Ernakulam | Neutral Citation: 2026:KER:73058
Date of Judgment: September 23, 2026
Status: Petition disposed of. Bar Council of Kerala directed to update (from 2021 onwards), publish and keep reviewing the list of advocates who have not cleared the AIBE, within eight weeks; District Judges to be intimated and act accordingly. Advocates who have since qualified may apply for a Certificate of Practice.