The Karnataka State Bar Council (KSBC) has directed advocates who have failed to clear the All India Bar Examination (AIBE) within two years of their enrolment to immediately stop practising before courts, tribunals and other legal authorities until they successfully pass the examination.

The direction follows an October 17 judgment of the Karnataka High Court, which had asked the KSBC to establish a mechanism to identify advocates practising 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 the judgment delivered by Justice HP Sandesh.

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

However, those who completed their law degrees after the 2009-2010 academic year and enrolled as advocates must clear the examination within two years from the date of their enrolment.

Advocates who fail to meet this requirement will not be entitled to practise before any court, tribunal or other legal forum until they pass the examination.

The KSBC has specifically directed such persons not to file vakalatnamas or hold themselves out 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 cautioned that violations of the directions may invite prosecution under Section 45 of the Advocates Act, 1961, along with Sections 318, 319 and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023.

It further clarified that criminal proceedings may be initiated independently by any person, apart from disciplinary action that may be taken by the Bar Council.

Additionally, all Bar Associations across Karnataka have been instructed to verify AIBE clearance and the Certificate of Practice (CoP) before granting membership to new applicants or renewing existing memberships.

They have also been directed to display the circular prominently on their notice boards and submit to the KSBC, within 30 days, a list of advocates who have failed to comply with the AIBE requirement.

Advocates whose right to practise has been suspended under the directions can seek its restoration after successfully clearing the AIBE.