Advocates Who Fail to Clear AIBE Within 2 Years Must Stop Practising: Karnataka State Bar Council [Read Circular]

Bengaluru: The Karnataka State Bar Council has issued a circular directing that advocates who completed their law degree after 12.06.2010 and have not passed the All India Bar Examination (AIBE) within two years of enrolment shall “forthwith cease practicing” before any Court, Tribunal or Authority until they clear the examination.

The circular, bearing No. KSBC/2389/2026 and dated 13.11.2026, was issued by Council Chairman Rajanna R. It states that it is issued in compliance with the directions in the judgment of Justice H.P. Sandesh of the Karnataka High Court dated 17.10.2026 in Crl.P. No. 633/2020, and in particular paragraphs (ix) to (xi) of that judgment. It also refers to BCI Resolution No. 73/2010, the AIBE Rules 2010, the Certificate of Practice (Verification) Rules, 2015 and the Council’s earlier circular of 31.10.2026 (No. KSBC/2316/2026).

On exemption, the circular says that law graduates who completed their degree on or before the academic year 2009-2010, that is, on or before 12.06.2010, and enrolled as advocates are exempt from appearing for the AIBE. Those who completed their degree after that date, enrolled, and did not pass the AIBE within two years from enrolment “loses their right to practice law in any legal forum until they clear the examination”. Such persons are to cease practice before any Court, Tribunal or Authority, and must neither file a vakalatnama nor represent themselves as practising advocates.

The circular warns that non-compliance will attract prosecution under Section 45 of the Advocates Act, 1961, and Sections 318, 319 and 61 of the Bharatiya Nyaya Sanhita, 2023, “as held in the aforesaid judgment”. It adds that criminal proceedings may be initiated by any person independently of disciplinary action by the Bar Council.

Bar Associations have been directed to verify AIBE clearance and the Certificate of Practice before admitting new members or renewing existing memberships, to display the circular prominently on their notice boards, and to furnish to the Council, within 30 days, a list of defaulters. Persons concerned may apply for restoration of their right to practise upon passing the AIBE.

The circular states that a compliance report is to be filed before the High Court of Karnataka on 30.11.2026.

[Read Circular]