The Karnataka State Bar Council (KSBC) has directed advocates who have not cleared the All India Bar Examination (AIBE) within two years of their enrolment to immediately cease practising before courts, tribunals and other authorities until they pass the examination.

On October 17, the Karnataka High Court had directed the KSBC to evolve a mechanism to identify advocates practicing the law without clearing the mandatory AIBE within the prescribed period.

In a circular dated November 13, KSBC Chairman Rajanna R issued the directions in compliance with a Karnataka High Court judgment dated October 17, passed by Justice HP Sandesh.

The circular clarifies that law graduates who completed their degree on or before the academic year 2009-2010 (on or before June 12, 2010) and enrolled as advocates are exempt from appearing for the AIBE.

However, law graduates who completed their degree after the academic year 2009-2010 and enrolled as advocates are required to clear the examination within two years from the date of enrolment.

Those who fail to do so will lose their right to practise law before any legal forum until they clear the examination.

The KSBC has further directed such ineligible persons to refrain from filing vakalatnamas or representing themselves as practising advocates.

“All such ineligible persons shall forthwith cease practicing before any Court, Tribunal, or Authority, and shall neither file a Vakalatnama nor represent themselves as practicing advocates,” the circular states.

The Bar Council has also warned that non-compliance with the directions could attract prosecution under Section 45 of the Advocates Act, 1961, as well as Sections 318, 319 and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The circular states that criminal proceedings may be initiated by any person independently of disciplinary action by the Bar Council.

Further, all Bar Associations in Karnataka have been directed to verify AIBE clearance and the Certificate of Practice (CoP) before admitting new members or renewing existing memberships.

The associations have also been instructed to prominently display the circular on their notice boards and furnish a list of advocates who have not complied with the AIBE requirement to the KSBC within 30 days.

Advocates who have lost their right to practise can apply for restoration upon successfully clearing the AIBE.

[Read Circular]