Advocates (Amendment) Bill 2025

Why in News?

Advocates (Amendment) Bill 2025: Recently, the Government of India has drafted the Advocates (Amendment) Bill 2025 to amend the Advocates Act, 1961. The Bar Council of India (BCI) has submitted a representation to the Union Law Minister, raising objections to the bill.

What is Advocates (Amendment) Bill 2025?

The Government of India has introduced the Advocates (Amendment) Bill 2025 to reform the Advocates Act, 1961. The bill aims to enhance the disciplinary system and align Indian legal practices with global standards.

• The Advocates Act, 1961 is the primary law regulating the legal profession in India. However, the existing law lacked clear provisions for foreign lawyers and law firms, which hindered India’s ability to compete at an international level. To address these gaps, the new bill proposes several key amendments.
• The Department of Legal Affairs has prepared a comparative table outlining the existing provisions and the proposed amendments in detail. 
• The bill seeks to improve transparency, discipline, and global competitiveness in the legal profession.
• This legislation is designed to enhance legal education, maintain ethical standards, increase the accountability of Bar Councils, and make judicial procedures more effective. 
• It represents a significant step toward making India’s legal framework more efficient, transparent, and globally competitive.

Key Features of the Advocates (Amendment) Bill 2025

• Regulatory Role of BCI: The Bar Council of India (BCI) will now regulate law firms operating across multiple states. If BCI’s regulations contradict the Central Government’s policies, the government will have the power to nullify them. This will strengthen oversight and governance over legal organizations.
• Framework for Foreign Law Firms: The bill proposes a regulatory framework to permit foreign law firms to operate in India. This will facilitate international legal exchange and open doors for global legal experts in India.
• Appointment of Members in BCI: The Central Government will have the authority to nominate three members to the Bar Council of India (BCI). The Attorney General of India and Solicitor General will continue to hold their positions as before. Article 49B will empower the government to direct BCI in implementing legal provisions.
• Ban on Strikes: Article 35A prohibits lawyers from engaging in strikes or boycotts that disrupt judicial proceedings. However, symbolic or one-day strikes will be allowed, provided they do not affect clients’ rights.
• Transfer of Registration: Lawyers seeking registration transfer from one state to another must pay a fee and obtain BCI approval. This will make state-level Bar Councils more organized.
• Removal of Convicted Lawyers: If a lawyer is convicted of an offense with a sentence of three years or more, their name will be removed from the State Advocate List. This rule will apply only if the conviction is upheld by the High Court or Supreme Court.
• Expanded Definitions: The definition of “Law Graduate” will now include only students who have obtained an LLB degree from BCI-recognized institutions. The term “Legal Practitioner” will now cover corporate lawyers and lawyers working in foreign law firms.
• Stronger Punishment: Anyone practicing law without being a registered advocate will face stricter penalties: Imprisonment up to one year (previously six months). Fine up to ₹2 lakh. This aims to eliminate fake lawyers and uphold the credibility of the legal profession.

Reasons Behind the Introduction of Advocates (Amendment) Bill 2025

• Lack of Discipline: Frequent instances of indiscipline, illegal strikes, and disruptions in judicial proceedings were affecting the legal profession. Advocates often engaged in unnecessary boycotts and protests, leading to an increase in pending cases in courts. To address this issue, the government felt the need for stricter provisions.
• Lack of Transparency: There was a lack of transparency and accountability in the functioning of the Bar Council of India (BCI) and State Bar Councils. Several allegations of irregularities and favoritism were raised. The government recognized the need for greater oversight, which led to the introduction of this Bill.
• Unauthorized Practice of Law: Many individuals were practicing law without a valid license or registration, which violated the rights of common citizens. Existing laws did not have clear and strict provisions to take action against such fraudulent lawyers. The Bill includes severe penalties for such unauthorized practitioners.
• Regulation of Law Firms: Several law firms in India were operating without clear regulatory oversight. The Bar Council of India previously had the authority to regulate only individual advocates, but there was a growing need to bring law firms under a unified regulatory framework.

Advocates (Amendment) Bill 2025: Potential Impacts and Concerns

• Potential Impacts
  • Improvement in Professional Standards: The proposed amendments will enhance the quality of lawyers through regular certification and strict disciplinary actions. This will strengthen professional ethics and discipline in the legal profession.
  • Standardization of Legal Education: The introduction of a standardized legal education framework will increase the credibility of law degrees. This will create global opportunities for Indian lawyers and make Indian legal education more competitive internationally.
  • Transparency in the Bar Council: The functioning of the Bar Council of India (BCI) and State Bar Councils will become more transparent and accountable. This will improve governance and reduce corruption in these institutions.
  • Strict Action Against Fake Lawyers: Unauthorized practice of law will be strictly penalized, ensuring that the dignity and credibility of the legal profession remain intact.
  • Entry of Foreign Law Firms: A regulatory framework will be established for foreign law firms and foreign lawyers in India. This will promote the globalization of legal services in the country.
• Concerns
  • Government Control Over the Bar Council: The Bill proposes to include three government-nominated members in the Bar Council of India (BCI). This could impact the autonomy and independence of the legal profession.
  • Ban on Strikes and Boycotts: Article 35A imposes strict restrictions on strikes and boycotts by lawyers. This may affect their constitutional rights, especially freedom of expression and the right to protest.
  • Foreign Law Firms and Competition: Allowing foreign law firms to operate in India may increase competition for local lawyers and law firms. This could negatively impact small and medium-sized advocates in terms of employment and income opportunities.
  • Financial Burden on Lawyers: Lawyers will be required to pay a fee and obtain approval from the Bar Council if they wish to transfer their registration from one state to another. This may impose a financial burden on young and small-scale lawyers.

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