A significant development has brought greater clarity for newly enrolled advocates across Karnataka regarding their right to practise law before clearing the All India Bar Examination (AIBE). Representing a group of advocates before the Hon’ble High Court of Karnataka, Advocate Kartikkumar S. of Law Seva Associates successfully pursued legal proceedings that led to an important clarification from the Bar Council of India (BCI), helping address long-standing concerns within the legal fraternity.
The matter originated when several provisionally enrolled advocates approached the Karnataka State Bar Council seeking clarity on their professional rights during the statutory two-year period available for passing the AIBE. When their representations remained pending without a decision, they approached the Hon’ble High Court of Karnataka through Writ Petition No. 200978 of 2026, represented by Advocate Kartikkumar S.
On 2 July 2026, the Hon’ble High Court directed the concerned authorities to consider the advocates’ representations and pass appropriate orders in accordance with law within one month. The Court disposed of the petition with these directions, ensuring that the grievances of the petitioners received timely consideration.
Following the High Court’s order, the Bar Council of India issued a detailed clarification dated 29 July 2026 addressing several important questions regarding the rights of advocates enrolled with a State Bar Council before passing the All India Bar Examination.
The clarification reaffirmed that an advocate who has been duly enrolled by a State Bar Council is entitled to practise law immediately upon enrolment during the prescribed two-year period available for clearing the AIBE. During this period, such advocates are entitled to undertake both litigation and non-litigation legal work, including signing and filing vakalatnamas, appearing before courts and tribunals, drafting pleadings, advising clients, issuing legal notices, conducting negotiations, and performing all professional functions legally permissible to an advocate. The clarification further stated that the description “provisional” relates only to the continuation of practice beyond the prescribed period and does not restrict the advocate’s right to practise during those two years. These clarifications were issued with reference to the Advocates Act, earlier BCI circulars, and the Supreme Court’s decision in Bar Council of India v. Bonnie Foi Law College and Others.
The Bar Council of India also clarified that if an advocate fails to pass the AIBE within the prescribed two-year period, the right to practise remains suspended until the examination is successfully cleared. However, the enrolment itself is not cancelled, and after passing the examination and completing the prescribed formalities, the advocate may resume practice without requiring fresh enrolment. During the suspension period, the advocate cannot appear before courts, sign vakalatnamas, or undertake professional legal work. The clarification also explains that voting rights and welfare benefits in Bar Associations remain subject to the applicable Bar Council rules until the AIBE is passed.
The Karnataka State Bar Council subsequently circulated the Bar Council of India’s clarification to the concerned advocates, further reinforcing the legal position regarding the professional rights of newly enrolled advocates before passing the AIBE.
Speaking on the significance of the matter, Advocate Kartikkumar S., representing Law Seva Associates, emphasised that legal clarity is essential for young advocates beginning their professional careers. The clarification provides greater certainty regarding their rights and responsibilities while ensuring that the statutory framework governing legal practice continues to be followed.
This development is expected to benefit newly enrolled advocates by providing a clearer understanding of their professional status during the period leading up to the All India Bar Examination. It also highlights the importance of timely legal representation and constructive engagement with statutory authorities in resolving issues affecting the legal profession.
Through this matter, Advocate Kartikkumar S. and Law Seva Associates have demonstrated their commitment to protecting the interests of advocates while contributing to greater clarity in the interpretation and implementation of legal regulations governing the profession.
