Advocates (Amendment) Bill 2025: Delhi Lawyers Protest (AI Generated image)
New Delhi: As a mark of protest against the proposed Advocates (Amendment) Bill 2025, lawyers across Delhi’s district courts decided to abstain from work on Monday (February 17). The strike was called by the Coordination Committee of all District Court Bar Associations. In the circular, the Committee referred the Bill as “unjust, unfair, and bill.”
The Circular further reads: “The Bill is totally against the unity, integrity, and dignity of advocates and is draconian in nature. It will directly affect the autonomy of all Bar Associations and Bar Councils across states,” Law Trend reports.
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Advocates (Amendment) Bill 2025
Union Law Ministry published the draft Bill on Thursday, which aims to address contemporary challenges and address the needs of a growing nation in the legal landscape. The new proposed bill meant to amend the Advocates Act, 1961 so as to improve the legal framework India. The revisions aimed to make the legal profession fair, transparent, and accessible to all, Law Ministry said in a press conference.
The Advocates Act, 1961
The Advocates Act introduced in 1961 to regulate the legal profession in India. The legislation established Bar Council of India (BCI) and State Bar Councils which supervised lawyers’ action and discipline. The Act commanded the conduct and regulation of lawyers and protected client’s interests for over six decades. The amendment is well-intentioned, considering the changes occurred in the legal scenario in the country since 1961, but raises question on the current proposed bill, especially on the independence of the bar.
Major Proposed Amendments
The key provisions in the Bill introduces several amendments, particularly structural changes in the BCI, and discipline and conduct among advocates.
1. Structural Changes in BCI
The new draft put forward criteria for voting and contesting Bar Council elections. It prohibits lawyers convicted of an offence punishable with an imprisonment of three years or more from holding Bar Council membership. The Centre nominates three members to the BCI. The bill also proposes inclusion of two members in the Council from among senior women advocates. Similarly, the amendment include provisions to include marginalised communities in the Council elections and committees.
2. Liability for Misconduct
The Section 35A bans strikes and boycotts by advocates. “No association of advocates or any member of the association or any advocate, either individually or collectively, shall give a call for boycott or abstinence from courts’ work or cause obstruction in any form in court functioning or within court premises,” the bill reads. However, it proposes an exception wherein advocates may participate symbolic or one-day token strikes, without disrupting court proceedings or violating clients’ rights. The violation of the provision would subject to disciplinary action, the bill states.
Section 45A deals with “Power to frame and publish lists of touts.” As per the amendment, it empowers several judicial authorities to create and update lists of individuals who act as touts. A tout is a person who tries to procure the employment of the legal practitioner in any legal business in return of any remuneration. The section traces the penalties for engaging in such activities; also, the court can exclude names of any individual whose name is included in the tout lists.
Section 45B entrusts the Bar Council with framing regulations to determine advocate liability. Another new addition, Section 49B deals with the “power of Central government to give directions”. It gives power to the Centre government to instruct the BCI in carrying out execution in any of the provisions of the Act and its regulations.
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3. Reforms in the Profession and Regulations
The proposal expands the definition of law graduate. As per the amendment, a law graduate means a person who has secured a “Bachelor’s degree in law of three or five years or such other duration as prescribed, from any Center of Legal Education or University established by Law or a college affiliated to any university and recognized by Bar Council of India,” Indian Express quotes, as said in the draft. Similarly, the definition of legal practitioner includes corporate lawyers, in-house counsel as well as those working with foreign law firms.
Lawyers will be required periodic verification of their credentials and place of practice by State Bar Councils. Aside from this, the draft demands mandatory Bar Association membership by every advocate. The proposal also increase the punishment for anyone illegally practising in any court without proper authorization. They could face imprisonment up to one year and/or a fine up to Rs 2 lakh.
Law Ministry invites insights and suggestions from the public and stakeholders over the draft till the end of this month, February 28.
