Law graduate moves Kerala HC over delay in enrolment to Bar Council

Kochi, Aug 22 (IANS) A law graduate has approached the Kerala High Court seeking urgent directions for conducting the enrolment of law graduates to the Bar Council of Kerala (BCK).

The petition was taken up on Friday before Justice N. Nagaresh, who granted time to the High Court's standing counsel to seek instructions on whether the court was willing to step in and conduct the enrolment.

In his plea, the petitioner stated that he had approached the Bar Council of Kerala in June to enquire about the notification for the next enrolment. However, he was informed that no decision had been taken yet.

The petition also referred to the Division Bench ruling in Yeshwant Shenoy v. Bar Council of Kerala and Ors., which observed that the current quorum of the Bar Council of Kerala was continuing in violation of law since the term of its members had expired.

With no fresh elections held and no Special Committee constituted by the Bar Council of India under Section 8A of the Advocates Act, 1961, the council's functioning was deemed irregular.

The BCI has since filed a review petition against that judgment, which remains reserved for orders.

Arguing that Section 58 of the Advocates Act provides the High Court with enabling powers to conduct enrolment when a State Bar Council is not constituted or unable to function, the petitioner said he had also submitted a representation to the Registrar General of the High Court.

However, the request was turned down.

The plea contends that law graduates in other States have already been able to complete enrolment, and the continuing delay in Kerala amounts to a violation of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution.

Accordingly, the petitioner has prayed for directions to the Bar Council of Kerala and its Enrolment Committee to conduct the process without further delay.

In the alternative, he has sought a direction to the High Court itself to invoke its powers under Section 58 and oversee enrolment. The matter will be heard again on August 25.

--IANS

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