BENGALURU: Advocates in Karnataka who have failed to clear the All India Bar Examination (AIBE) within two years of enrollment will no longer be permitted to practice in courts, tribunals, or other legal forums. The Karnataka State Bar Council (KSBC) has directed such lawyers to immediately cease practicing law. Until they pass the mandatory examination, they are barred from filing vakalatnamas in any case or projecting themselves as practicing advocates.
Exemption for Pre-2010 Law Graduates
The Bar Council’s decision follows an October 17, 2026 order by the Karnataka High Court. A bench led by Justice H.P. Sandesh had instructed the council to establish an effective mechanism to identify and act against advocates practicing without clearing the AIBE within the stipulated timeframe. Acting on this directive, KSBC Chairman Rajanna R issued a circular on November 13 enforcing the strict guidelines across the state.
According to the circular, candidates who completed their law degrees up to the 2009-10 academic session, specifically on or before June 12, 2010, and enrolled as advocates are exempted from taking the AIBE. However, those who graduated after the 2009-10 academic session and enrolled with the Bar Council must pass the examination within two years of their enrollment date. Failure to clear the test within this period suspends their right to appear before any court, tribunal, or authority.
Warning of Criminal Prosecution
The KSBC has warned of stringent criminal action against individuals who violate these directives. The circular states that non-compliant advocates face prosecution under Section 45 of the Advocates Act, 1961. Additionally, action may be initiated under Sections 318, 319, and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023.
The Bar Council clarified that initiating criminal proceedings under these legal provisions does not require waiting for internal disciplinary action by the council. Any individual can independently file a complaint or initiate legal proceedings against unauthorized practitioners. This measure aims to ensure that no person appears before courts as an advocate without fulfilling the mandatory qualification criteria.
Bar Associations Ordered to Submit Lists
To enforce compliance at the grassroots level, the council has directed all bar associations in Karnataka to mandate the verification of AIBE clearance and the Certificate of Practice (CoP). Associations must now verify these credentials before admitting any new member or renewing existing memberships. All bar associations have also been instructed to prominently display the circular on their office notice boards and submit a list of non-compliant advocates to the KSBC within 30 days.
The Bar Council noted that advocates whose right to practice is suspended due to non-clearance of the AIBE can apply for restoration once they successfully pass the exam. Designed to assess the minimum professional competence and legal understanding of law graduates, the AIBE certification will now be strictly monitored by both the council and local bar associations across Karnataka.
