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Directs Bar Council of Kerala to Continuously Publish List of Unqualified Advocates
In a significant move to uphold the integrity of the legal profession, the has directed the to continuously update and publish the list of advocates practicing without clearing the or obtaining a . The of Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while disposing of a that highlighted the systemic failure in enforcing professional standards.
The PIL and Its Genesis
The petition, filed by , who appeared in person, alleged that the Bar Council of Kerala had not taken adequate action against advocates who continued to practice despite failing to qualify the AIBE or secure a CoP, in violation of the . The matter first came up on , when the Court took note of a list of 1,157 advocates who had been practicing without valid credentials from . On that date, the Court directed the immediate publication of this list on the websites of the High Court and the Bar Council, and ordered that no new cases be registered with these advocates' .
Court's Observations and Directions
On , the Court recorded that the earlier directions had been complied with, but emphasized the need for a proactive and continuous mechanism to prevent recurrence. The Bench noted:
"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."
The Court further clarified that advocates who have since qualified the AIBE may apply for a Certificate of Practice, and their names must also be published by the Bar Council to maintain transparency. The Registry was directed to ensure that the updated list is forwarded to all District Judges, who are to act in accordance with the earlier order.
Key Legal Implications
This judgment reinforces the mandatory nature of the AIBE and CoP requirements under the Advocates Act. By mandating continuous review and publication, the Court aims to eliminate the gap between enrollment and actual qualification, ensuring that only duly qualified advocates represent litigants. The decision also places a recurring obligation on the Bar Council to monitor compliance, thereby preventing the accumulation of defaulters.
The Final Order
The Court disposed of the PIL with the following operative directions: - The Bar Council of Kerala must prepare and publish a list of advocates who have not cleared AIBE or obtained CoP after 2021 within eight weeks. - The Council must continue to review defaults on an ongoing basis. - Advocates who subsequently qualify are to be listed separately. - The Registrar (District Judiciary) will intimate all District Judges to take necessary action as per the August 19 order.
The judgment serves as a stern reminder to all State Bar Councils to diligently enforce professional eligibility norms, and empowers litigants and the judiciary to verify the credentials of practicing advocates.
