Kerala High Court Invokes S.58 Advocates Act, Orders BCI Appointed Committee To Conduct Enrolments
The Kerala High Court, exercising its powers under Section 58(1) of the Advocates Act, 1961 has stepped in to protect the interests of law graduates awaiting enrollment.Justice N. Nagaresh passed the interim order while hearing a writ petition praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala. In his plea, the petitioner has stated that he...
The Kerala High Court, exercising its powers under Section 58(1) of the Advocates Act, 1961 has stepped in to protect the interests of law graduates awaiting enrollment.
Justice N. Nagaresh passed the interim order while hearing a writ petition praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.
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 has pleaded for a direction of the High Court to invoke its powers under Section 58 of the Act and conduct enrollment.
The petitioner in his writ petition has mentioned two separate Division Bench rulings. In Writ Appeal No. 788/2024, a Division Bench had upheld three committees — the Office Bearers Committee, the Executive Committee, and the Enrollment Committee — constituted by the Bar Council of India for the Bar Council of Kerala. However, in a later judgment in Yeshwant Shenoy v. Bar Council of Kerala and Ors, another Division Bench held that the present Bar Council of Kerala was functioning in violation of statutory provisions 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.
This apparent conflict created uncertainty over the validity of future enrollments, raising concerns that law graduates enrolling under the present council might later face legal challenges to their status as advocates.
The petitioner argued that unless the Court intervened, law graduates could suffer irreparable loss if their enrollments were questioned in the future. The Court was informed that a review petition has already been filed against the judgment in Yeshwant Shenoy v Bar Council of Kerala and other, and that judgment is pending.
The State Bar Council informed the Court that the portal for enrollment is open from 25 August, 2025.
Taking note of the situation, Justice Nagaresh invoked the Court's powers under Section 58(1) of the Advocates Act. As per the provision, when a State Bar Council has not been Constituted, or is unable to perform its functions by reason of any order of a Court or otherwise, the function of the Bar Council in relation to admission and enrollment of Advocates, shall be performed by the High Court.
Thus, as an interim measure, Court has asked the Enrollment Committee constituted for the State by BCI to conduct enrollments.
The Court directed the Committee to finalise a date for enrollment and submit a report after completing the process. The interim arrangement will remain subject to further orders in the pending writ petition.
The matter is posted after a month for further consideration.
Case Title: Stephen V Thomas v Bar Council of India
Case No: WP(C) 31555/ 2025
Council for Petitioner - T Krishnanunni (Sr.), Thareeq Anver, Vinod Ravindranath, Meena A, M R Mini, Anish Antony Anathazhath, Niveditha Prem V, Ananthakrishnan A Kartha. Mariya Joseph, Ameera Jojo
Council for Respondents - Rajit, Harikumar G, M U Vijayalakshmi