What are Advocates (Amendment) Bill, 2025
The Advocates (Amendment) Bill, 2025, proposes significant reforms to the Advocates Act, 1961, aiming to modernize India’s legal profession and align it with global standards. The key amendments focus on regulating legal education, enhancing disciplinary mechanisms, and introducing provisions for foreign law firms and lawyers.
Key Amendments and Comparisons:
- Regulation of Law Firms and Foreign Lawyers:
- Existing Provision: The Advocates Act, 1961, does not explicitly regulate law firms or the entry of foreign law firms and lawyers into India.
- Proposed Amendment: The Bill empowers the Bar Council of India (BCI) to recognize and regulate law firms, including those operating across multiple states. Additionally, it authorizes the central government to establish rules governing the entry and practice of foreign law firms and lawyers in India.
- Prohibition of Court Boycotts and Strikes:
- Existing Provision: The current Act does not specifically address the issue of advocates participating in court boycotts or strikes.
- Proposed Amendment: The Bill introduces provisions explicitly prohibiting advocates from boycotting or abstaining from court work, aiming to ensure uninterrupted access to justice for clients.
- Inclusion of Central Government Nominees in BCI:
- Existing Provision: The composition of the BCI is primarily elected, with no provision for central government nominees.
- Proposed Amendment: The Bill proposes the inclusion of three members nominated by the central government in the BCI, intending to enhance collaboration between the government and the legal profession.
- Recognition of Corporate Lawyers and In-House Counsel:
- Existing Provision: The term “legal practitioner” traditionally refers to advocates practicing in courts, with limited recognition of corporate lawyers and in-house counsel.
- Proposed Amendment: The Bill expands the definition of “legal practitioner” to officially recognize corporate lawyers, in-house counsel, and legal professionals working outside courtrooms, acknowledging their roles within the legal framework.
- Modernization of Legal Education:
- Existing Provision: The Act provides a general framework for legal education without specific emphasis on modern educational standards.
- Proposed Amendment: The Bill introduces the concept of “Centers of Legal Education,” defining them as institutions recognized by the BCI exclusively for imparting legal education. This aims to standardize and elevate the quality of legal education in India.
These proposed amendments are currently open for public consultation, with stakeholders invited to submit their comments by February 28, 2025.
The Bill has elicited varied responses from the legal community. While some view it as a necessary step toward reform, others express concerns about potential impacts on the independence of the legal profession. For instance, the Coordination Committee of Bar Associations in Delhi has called for a strike, protesting certain provisions they believe could undermine legal autonomy.
In summary, the Advocates (Amendment) Bill, 2025, seeks to address contemporary challenges in India’s legal landscape by introducing reforms aimed at enhancing transparency, accountability, and professionalism within the legal sector.
How to Comments on BCI Draft 2025
The Department invites comments/feedback from the public as a part of the public consultation exercise on the draft amendments. Comments on the draft Bill may be sent by email on dhruvakumar.1973@gov.in and impcell-dla@nic.in latest by 28.02.2025.
