ADVOCATES AMENDMENT BILL 2025: POLITY

ADVOCATES AMENDMENT BILL 2025: POLITY

NEWS: Law Ministry withdraws Advocates Amendment Bill: The key objections from lawyers, Bar Council

 

WHAT’S IN THE NEW?

The Advocates (Amendment) Bill, 2025 aimed to reform the legal profession but was withdrawn due to strong opposition from the Bar Council of India (BCI) over concerns like a ban on lawyers’ strikes, increased executive control, and centralization of disciplinary proceedings. The debate highlights the need for inclusive legal reforms while ensuring judicial independence.

 

Advocates (Amendment) Bill, 2025 & Role of the Bar Council of India

1. Advocates (Amendment) Bill, 2025

Introduction

  • The Advocates (Amendment) Bill, 2025 aimed to amend the Advocates Act, 1961 to modernize India’s legal framework.
  • It sought to address contemporary challenges and align India’s legal profession with global best practices.
  • The Bill was withdrawn on February 22, 2025, due to strong opposition from the Bar Council of India (BCI) and legal professionals.

 

Key Objectives of the Bill

  • To modernize the Advocates Act, 1961.
  • To align India’s legal framework with international best practices.
  • To introduce structural reforms in the legal profession.

 

Objections Raised Against the Bill

1. Ban on Lawyers’ Strikes and Boycotts

  • The Bill sought to prohibit lawyers from going on strike or boycotting court proceedings, affecting their protest rights.
  • The legal fraternity opposed this as an infringement on their democratic rights.

2. Increased Executive Control Over the Bar Council of India

  • The Bill proposed greater government intervention in the functioning of BCI.
  • This was seen as a threat to the autonomy of the legal profession.

3. Centralization of Disciplinary Proceedings

  • The Bill aimed to centralize disciplinary actions against advocates under the BCI.
  • Critics argued that State Bar Councils should retain their disciplinary powers for efficiency and fairness.

4. Impact on Corporate Lawyers and Foreign Law Firms

  • There were concerns about the potential entry of foreign law firms in India, affecting local legal professionals.
  • The Bill’s provisions could impact corporate lawyers working in advisory roles.

 

Way Forward

  • The withdrawal of the Bill is seen as an opportunity for an inclusive discussion on legal reforms.
  • Legal experts emphasize consultation with High Courts, as Section 34 of the Advocates Act, 1961 grants them power over advocates’ practice.
  • Any future reforms must ensure judicial independence and protect the autonomy of legal regulatory bodies.

 

2. Bar Council of India: Roles and Responsibilities

Introduction

  • The Bar Council of India (BCI) is a statutory body established under the Advocates Act, 1961.
  • It regulates the legal profession and legal education in India.
  • It functions as the supreme regulatory authority for advocates and law institutions across the country.

 

Roles and Responsibilities of the Bar Council of India

1. Regulation of Legal Profession

  • Establishes professional standards, ethics, and conduct for advocates.
  • Enforces disciplinary actions against advocates violating rules.

2. Regulation of Legal Education

  • Prescribes legal education standards in consultation with universities and law colleges.
  • Recognizes law degrees for enrollment as an advocate.

3. Protection of Rights and Interests of Advocates

  • Safeguards the rights, privileges, and welfare of advocates.
  • Provides financial aid, medical assistance, and insurance schemes for lawyers.

4. Conducting the All India Bar Examination (AIBE)

  • Administers the All India Bar Examination (AIBE), a mandatory test for law graduates to practice as advocates.

5. Supervision of State Bar Councils

  • Acts as an appellate authority over State Bar Councils.
  • Guides and monitors State Bar Councils’ functioning.

6. Framing of Rules and Guidelines

  • Establishes rules for legal practice, dress code, and professional behavior.
  • Defines disciplinary procedures for legal professionals.

7. Legal Aid and Public Interest Matters

  • Promotes free legal aid to underprivileged and marginalized communities.
  • Supports Public Interest Litigations (PILs) on issues of national importance.

3. Advocate vs. Lawyer: Key Differences

Aspect

Advocate

Lawyer

Definition

Defined under Section 2(1)(a) of the Advocates Act, 1961.

General term for anyone with a law degree (LLB).

Enrollment

Must be enrolled with a State Bar Council to practice law.

May or may not be enrolled with a Bar Council.

Right to Practice in Court

Has the right to represent clients and plead cases in court.

May work in legal advisory roles but cannot argue in court unless registered as an advocate.

 

 

Source: https://indianexpress.com/article/explained/explained-law/advocates-amendment-bill-objections-9861843/#:~:text=Concerns%20over%20independence%20of%20lawyers'%20associations&text=Section%204%20also%20dictates%20who,BCI%20and%20practising%20lawyers'%20autonomy.