
Kerala High Court Orders Publication of Advocates Practising Without AIBE
Summary
- The Kerala High Court has ordered the publication of a list of 1,157 advocates who have not cleared the AIBE and were found practicing without a valid CoP.
- No matter filed by these lawyers will be registered by the Registry of the concerned court until further notice.
- The Bar Council of Kerala has been directed to take follow-up action against these defaulting advocates, which may include disciplinary action or restrictions on filing vakalatnamas.
What Happened
The Kerala High Court has taken a significant step towards ensuring compliance with the All India Bar Examination (AIBE) by directing the Bar Council of Kerala to publish the names of 1,157 advocates who have not cleared the AIBE and were found practicing without a valid Certificate of Practice (CoP). The list includes advocates enrolled between 2010 and 2021. According to the Court's order, the ad-hoc committee of the Bar Council of Kerala shall publish the entire list on its website as well as on the website of the Kerala High Court.
The Court has also directed that no matter filed by these lawyers be registered by the Registry of the concerned court. This means that any vakalatnama filed by these advocates will not be processed, and there should be proper endorsement in the file to inform the Bench.
Legal Context
The AIBE is a mandatory examination for lawyers practicing in India, and its Certificate of Practice (CoP) is required for enrollment. The Bar Council of Kerala has been responsible for ensuring compliance with these regulations. However, despite repeated reminders and warnings, 1,157 advocates have failed to clear the AIBE and were found practicing without a valid CoP. This has led to concerns about the integrity of the legal profession in Kerala.
The Court's order is significant as it highlights the need for strict enforcement of the rules and regulations governing the practice of law in India. The publication of the list of defaulting advocates will serve as a warning to others who may be practicing without proper authorization.
Why It Matters
The Kerala High Court's order has far-reaching implications for lawyers practicing in Kerala. The publication of the list of 1,157 advocates who have not cleared the AIBE and were found practicing without a valid CoP will serve as a warning to others who may be practicing without proper authorization. This is particularly important as it ensures that only qualified and competent lawyers are allowed to practice law in the state.
The order also highlights the importance of strict enforcement of rules and regulations governing the practice of law in India. The Bar Council of Kerala has been directed to take follow-up action against these defaulting advocates, which may include disciplinary action or restrictions on filing vakalatnamas.
Practical Implications
Lawyers practising in Kerala should watch for the publication of a list of 1,157 advocates who have not cleared the AIBE and may be subject to disciplinary action or restrictions on filing vakalatnamas.
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