Isabella Mariam

The Ministry of Law and Justice has released the Draft Advocates (Amendment) Bill, 2025, which aims to amend the Advocates Act, 1961.

The Bill’s primary objective is to align legal practice and education with global best practices. It emphasizes enhancing legal education, equipping lawyers to meet the challenges of a rapidly evolving world, and improving professional standards. The overarching goal is to ensure the legal profession contributes to the creation of a just, equitable society and a developed nation.

The proposed amendments in the draft Bill include the following key points:

1. Central Government Nominations in Bar Council of India (BCI): Section 4 of the 1961 Act is proposed to be amended to allow for the nomination of three members by the Central Government to the Bar Council of India. Additionally, the amendment seeks the inclusion of two female advocates in the BCI

    

    

    

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2. Ban on Strikes and Boycotts: The Bill introduces Section 35A, which prohibits boycotts and abstention from court work. Any calls for boycotts or actions obstructing the functioning of the court will be considered misconduct and subject to disciplinary action. However, the amendment allows advocates to participate in strikes, provided they do not interfere with the administration of justice. Strikes related to legitimate professional concerns, such as working conditions or administrative issues, are permitted

3. Committee for Investigating Strikes and Boycotts: A new Section 9B is introduced to address allegations of misconduct by advocates involved in strikes or boycotts that violate Section 35A. The Bill proposes the creation of a "Special Public Grievance Redressal Committee" within the BCI, consisting of a former Supreme Court judge or a retired Chief Justice of a High Court as chairperson, two retired High Court judges, one senior advocate, and one BCI member. The Committee’s findings will be reviewed by the General Body of the BCI for potential disciplinary action. Additionally, under proposed Section 26A, State Bar Councils may remove advocates from their rolls if they are found guilty of serious misconduct or obstructing court operations.

4. Removal of Advocates Convicted for Serious Offences: The Bill introduces Sections 24A and 24B, which stipulate that State Bar Councils cannot enroll individuals convicted of crimes punishable by three years or more. If such individuals are to be enrolled, they must seek approval from the State Bar Council's Enrolment Committee. Moreover, advocates convicted for offenses punishable by three or more years may be removed from the State roll. However, if their sentence is less than five years, they can apply for re-enrollment after two years from their release.

5. Regulation of Foreign Law Firms: A new clause (cc) in Section 49A(1) empowers the Central Government to create rules regarding the entry of foreign law firms and foreign lawyers in India. Additionally, the proposed Section 49A grants the Central Government the authority to direct the BCI in executing any relevant provisions or rules

These proposed changes aim to modernize the legal landscape in India and enhance the integrity and professionalism of the legal community.

Public comments are being sought before these amendments are finalized.