Uncertainty over enrollment of new lawyers after expiry of Kerala Bar Council's term

A plea has been moved before the Kerala High Court by a young law graduate seeking urgent directions to conduct the enrollment of advocates in Kerala, which has been stalled after the term of the last formed Bar Council of Kerala expired [Stephen V Thomas v Bar Council of India & ors].

When the matter came up before Justice N Nagaresh today, the judge directed the standing counsel for the High Court administration to get instructions on whether the Court administration is willing to step in and conduct the enrollment process.

The petition before the Court was filed by a 23-year-old law graduate named Stephen V Thomas.

Thomas graduated with a BA LLB degree from Christ (Deemed to be University), Bangalore in May 2025 and is eligible to enrol as an advocate under Section 24 (Persons who may be admitted as advocates on a State roll) of the Advocates Act, 1961 (Act).

However, in June 2025, when he approached the Bar Council of Kerala, he was informed that there was no clarity on when the next enrolment session would be held.

The petition filed by him highlights that the Bar Council of Kerala (BCK) has not been conducting the enrollment process due to the expiry of it's term on November 6, 2023.

A six-month extension of term, which was granted by the Bar Council of India (BCI), also ended on May 6, 2024.

Although the BCI later granted an additional 18-month extension under the Certificate and Place of Practice (Verification) Rules, 2015, in June this year, the Kerala High Court held that such an extension was not permissible and that the BCK was functioning in violation of the Advocates Act. 

A review petition in the matter is still pending consideration.

The petitioner pointed out that under Sections 24 (persons who may be admitted as advocates on a State roll) and 30 (right of advocates to practise) of the Advocates Act, a law graduate must have his or her name entered in the roll of the State Bar Council to practice law.

However, the enrollment process in Kerala has been paralysed after the BCK's term expired, leaving fresh graduates like him and others unable to begin their legal practice.

In his plea, Thomas submitted that in such a vacuum, the Bar Council of India could have constituted a Special Committee under Section 8A of the Advocates' Act to discharge the Bar Council's functions. Alternatively, even the High Court itself is empowered to conduct enrolments under Section 58(1) of the Act, if the State Bar Council is unable to function due to a court order or any other cause, the plea adds.

The petitioner submitted that he had already approached the BCI, the BCK and the High Court Administration through formal representations in July and August, requesting actions to enable the enrollment process.

However, his request to the High Court administration was turned down by the Registrar General (Kerala High Court), stating that administrative intervention under Section 58 of the Act could not be invoked.

According to the petitioner, the refusal to hold enrolment in Kerala when other States conduct such procedures on a regular basis, amounts to arbitrary discrimination and a violation of his fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution of India, as it deprives him of his right to equality, his right to practice a profession of choice, and his right to livelihood.

He pointed out that many of his peers have already enrolled with Bar Councils in other States, while graduates in Kerala remained deprived of the opportunity.

Thomas has therefore urged the Court either to direct the Kerala Bar Council and its Enrolment Committee to conduct enrolment within a specified timeline, or to direct the High Court to take over the process under Section 58 of the Act.

He also sought the quashing of the Registrar General's communication rejecting his request in the matter, and asked that his representations pending before the respondent-authorities be acted upon expeditiously.

The matter will be hard next on August 25, 2025.

The petition has been filed through advocates Thareeq Anver K, Vinod Ravindranath, Meena A, KC Kiran, MR Mini, Anish Antony Anathazhath, Nivedhitha Prem V, Ananthakrishnan A Kartha, Mariya Joseph, and Ameera Jojo.