Kerala High Court Seeks HC's Response On Law Graduate's Plea To Conduct Enrolment To State Bar Council

Update: 2025-08-22 06:17 GMT
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A law graduate moved the Kerala High Court on Friday (August 22) praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.When the matter came up, Justice N. Nagaresh gave time to the standing counsel of the High Court to take instructions about its willingness to conduct the enrolment.In his plea, the petitioner has stated that he had approached the...

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A law graduate moved the Kerala High Court on Friday (August 22) praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.

When the matter came up, Justice N. Nagaresh gave time to the standing counsel of the High Court to take instructions about its willingness to conduct the enrolment.

In his plea, the petitioner has stated that he had approached the Bar Council of Kerala (4th respondent) in June 2025, and had enquired about the notification for the next enrolment but was informed that no decision has yet been taken in this regard.

The petitioner also refers to a decision of the Division Bench of the High Court in in Yeshwant Shenoy v. Bar Council of Kerala and Ors., wherein it was stated that the present quorum of the Bar Council of Kerala was a body existing or continuing in violation of law since the terms of its members had expired and thereafter, no new election was carried and no Special Committee was constituted by the Bar Council of India as per Section 8A of the Advocates Act, 1961. A review petition was filed by the BCI against the judgment and the same has been reserved for orders.

In the plea, the petitioner has claimed that there is an enabling provision under Section 58 of the Advocates Act, 1961 that can be exercised by the High Court to conduct enrolment if a State Bar Council is not constituted or is unable to function.

The petitioner also preferred a representation to the High Court (2nd respondent) through the Registrar General to invoke Section 58. However, the same was refused.

The plea states that other law graduates, who are similarly placed as the petitioner, have got enrolled in other States and the inordinate delay in conducting the enrolment in Kerala would violate his fundamental rights under Articles 14, 19 and 21 of the Constitution.

Thus, the petitioner has prayed for a direction to the 4th and 5th respondents, respectively the BCK and the Enrolment Committee, to conduct the enrolment. As an alternative prayer, the petitioner has pleaded for a direction to the High Court to invoke its powers under Section 58 and conduct enrolment.

The case will be heard again on Monday (August 25).

The petition is moved by Advocates Meena A., Vinod Ravindranath, Thareeq Anver K., K.C. Kiran, M.R. Mini, Anish Antony Anathazhath, Nivedhitha Prem V., Ananthakrishnan A. Kartha, Mariya Joseph and Ameera Jojo. 

Case No: WP(C) No. 31555/2025

Case Title: Stephen V. Thomas v. Bar Council of India and Ors.

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