Draft Advocates (Amendment) Bill, 2025 - POLITY

Draft Advocates (Amendment) Bill, 2025 - POLITY

NEWS: The Government of India is proposing changes to the Advocates Act, 1961, to strengthen the legal framework.

 

WHAT’S IN THE NEWS?

  • The original Act, introduced in 1961, regulates the legal profession, ensures client protection, and maintains the discipline of lawyers through the Bar Council of India and State Bar Councils.
    • Law firms are already regulated as corporate entities, but foreign lawyers have previously not been recognized under the Advocates Act.
  • The Department of Legal Affairs has prepared the Advocates (Amendment) Bill, 2025, along with a tabular statement comparing existing provisions with proposed amendments.
  • It would allow foreign law firms and foreign lawyers to enter India.

The proposed amendments aim to bring significant reforms to the legal profession in India by expanding definitions, increasing government oversight, introducing stricter disciplinary measures, and ensuring greater accountability and transparency. Below are the key highlights of the proposed amendments:

 

1. Expansion of the Definition of “Legal Practitioner”

  • The amendment seeks to broaden the definition of “legal practitioner” under Section 2 of the Act.
  • Currently, the term primarily covers advocates practicing before courts. The proposed changes will now explicitly include:
    • Corporate lawyers who provide legal counsel within private firms.
    • In-house counsels working in companies, statutory bodies, and public institutions.
    • Legal professionals engaged in advisory, regulatory, or compliance-related work in both the private and public sectors.
    • Foreign law firms and legal practitioners offering legal services in India under specified regulations.
  • This expansion aims to ensure that all legal professionals, regardless of their area of practice, come under the purview of professional regulation and ethical oversight.

 

2. Mandatory Bar Association Registration for Advocates

  • A new Section 33A introduces the requirement for mandatory registration of all advocates with a Bar Association in the jurisdiction where they primarily practice.
  • Key provisions under this amendment include:
    • Advocates practicing before courts, tribunals, quasi-judicial bodies, or authorities must be officially registered with a Bar Association.
    • If an advocate shifts their location or changes their area of legal practice, they must inform their previous Bar Association within 30 days.
    • To prevent multiple registrations and electoral discrepancies, an advocate will be allowed to vote in only one Bar Association at any given time.
  • This measure seeks to strengthen professional discipline, facilitate regulatory oversight, and create a more organized framework for legal professionals.

 

3. Ban on Court Boycotts and Strikes by Advocates

  • A new provision, Section 35A, categorically prohibits advocates and Bar Associations from calling for or participating in strikes or boycotts of court proceedings.
  • The key aspects of this provision include:
    • Any form of court boycott, strike, or mass abstention from legal proceedings will be classified as professional misconduct.
    • Advocates or legal professionals violating this provision will face disciplinary action, which could include suspension or disbarment.
    • However, the provision allows for symbolic or one-day protests, provided they do not disrupt the functioning of courts or adversely affect the rights of litigants.
  • This amendment aims to ensure uninterrupted access to justice for citizens, prevent delays in court proceedings, and uphold the integrity of the legal profession.

 

4. Increased Government Oversight and Regulation

  • The amendments propose greater involvement of the Central Government in the regulation of the legal profession by making key changes to Section 4 and introducing a new provision, Section 49B:
    • Government-Nominated Members in the Bar Council of India (BCI):
      • The Central Government will be empowered to nominate up to three members to the Bar Council of India (BCI) in addition to the existing elected members.
      • This aims to enhance accountability, policy coordination, and government participation in the regulatory framework governing legal professionals.
    • Power to Issue Directions to the BCI:
      • A new Section 49B grants the Central Government the authority to issue directions to the BCI regarding the implementation of the Act’s provisions and associated regulations.
      • The objective is to ensure uniformity and compliance across all Bar Councils and legal institutions.

 

5. Stricter Disciplinary Measures & Misconduct Liabilities

  • Enhanced Penalties for Unauthorized Practice (Section 45):

·         Individuals practicing law without proper authorization will now face:

      • Imprisonment for up to one year (previously six months).
      • A fine of up to ₹2 lakh.
  • Liability for Advocate Misconduct (Section 45B):

·         If an advocate engages in professional misconduct, causing financial loss or damage to a client, the affected party can file a complaint under the new disciplinary regulations prescribed by the BCI.

  • Removal from State Bar Council Roll (Section 24B):

·         Advocates convicted of an offense with imprisonment of three years or more will be removed from the State Bar Council’s roll.

·         Re-enrollment will only be considered two years after release, subject to the approval of the Bar Council of India.

  • These measures aim to enhance professional discipline, accountability, and ethical compliance within the legal community.

 

6. Verification and Professional Oversight of Advocates

  • The Bill introduces mandatory periodic verification of advocates' credentials, ensuring authenticity and professional accountability.
  • Mandatory Certificate & Place of Practice Verification:
    • Advocates will be required to periodically verify their degrees, addresses, and workplaces to continue practicing.
  • Regulation of Foreign Law Firms & Practitioners:
    • The entry of foreign law firms and legal practitioners into India will be governed by rules framed by the Central Government, ensuring compliance with national legal standards.

 

7. Strengthening Legal Education & Professional Training

  • The Bar Council of India (BCI) will be given increased regulatory powers over legal education and professional training programs.
  • Key provisions include:
    • Recognition and Regulation of Law Firms:
      • Law firms will come under BCI oversight, ensuring that legal services adhere to professional ethics and quality benchmarks.
    • Mandatory Pre- and Post-Enrollment Training:
      • All law graduates will be required to undergo professional training both before and after their enrollment as advocates.
    • Bar Examination (Section 2):
      • The Bill reinforces the All-India Bar Examination (AIBE) as a mandatory qualification for practicing as a full-fledged advocate.

 

8. Verification of Advocates’ Credentials (New Section 19A & 7(da))

  • To prevent misrepresentation and fraud, the Bill introduces compulsory verification of advocates’ degrees, credentials, and places of practice every five years.
  • If an advocate is found to possess a fake or forged degree, they will be immediately disqualified from practicing law.

 

9. Promoting Women’s Representation in the Bar Council of India

  • In a landmark step towards gender diversity, the Bill mandates the inclusion of at least two women members in the Bar Council of India (BCI).
  • These members will be co-opted from eminent female advocates, ensuring greater representation of women in legal governance and policy-making.

 

Conclusion

The proposed amendments aim to modernize and strengthen the legal profession by introducing clear regulatory mechanisms, stricter disciplinary measures, and greater government oversight. These changes will:

  1. Expand the scope of legal professionals beyond court-based advocates.
  2. Improve accountability and transparency in the legal system.
  3. Ensure uninterrupted access to justice by banning disruptive strikes.
  4. Introduce stringent disciplinary actions against professional misconduct.
  5. Enhance legal education and training standards for upcoming lawyers.
  6. Promote gender diversity within the legal profession.

By implementing these reforms, the legal profession in India will become more organized, transparent, and globally competitive, ensuring higher ethical standards and better access to justice for all stakeholders.

 

Source: https://pib.gov.in/PressReleseDetail.aspx?PRID=2102707&reg=3&lang=1