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The Kerala High Court is considering a petition filed by a young law graduate seeking urgent directions to restart the enrolment of advocates in the State, which has remained stalled since the term of the Bar Council of Kerala (BCK) expired in November 2023.
The petitioner, Stephen V Thomas, a 23-year-old graduate from Christ University, Bangalore, argued that the paralysis in the enrolment process violates the rights of fresh law graduates, who are unable to begin their practice despite fulfilling eligibility criteria under Sections 24 and 30 of the Advocates Act, 1961.
Justice N Nagaresh has issued notice to the Bar Council of India (BCI), the BCK and the High Court administration, and sought instructions on whether the High Court could itself conduct the enrolment.
Background of the Dispute
- The BCK’s term expired on November 6, 2023, and a six-month extension ended in May 2024.
- The BCI later granted another 18-month extension under the Certificate and Place of Practice (Verification) Rules, 2015, but the Kerala High Court struck this down, holding it impermissible.
- As a result, the enrolment process has been at a standstill, leaving fresh graduates unable to practice.
Petitioner’s Arguments
- The petitioner contended that the BCI should have appointed a Special Committee under Section 8A of the Advocates Act.
- Alternatively, under Section 58(1), the High Court itself has the power to conduct enrolments where a State Bar Council cannot function.
- He argued that the refusal to conduct enrolments is arbitrary and violates Articles 14, 19(1)(g), and 21 of the Constitution, depriving him and others of the right to equality, profession, and livelihood.
- Many of his peers have already enrolled with other State Bar Councils, putting Kerala graduates at a disadvantage.
Reliefs Sought
The plea seeks:
- Directions to either the BCK or the High Court to conduct enrolment within a set timeline.
- Quashing of the Registrar General’s communication rejecting his request.
- Expeditious consideration of his pending representations.
The matter is scheduled to be heard again on August 25, 2025.
Case: Stephen V Thomas v. Bar Council of India & Ors
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