Objections To Draft Advocates Amendment Bill 2025
The Bar Council of India (BCI) has raised several objections to the Draft Advocates Amendment Bill 2025, claiming that it undermines the autonomy and independence of the bar. Some of the key objections include:
Insertion of Section 4(1)(d) – Government Nominees in BCI: The BCI strongly opposes the proposal to allow government-nominated members in the BCI, arguing that it would compromise the autonomy of the Bar Council and turn it into a government-regulated body.
Regulation of Foreign Lawyers and Law Firms: The BCI believes it is equipped to regulate foreign law firms and seeks rectification in the draft bill where it can frame the rules in consultation with the Central Government.
Section 49B – Power of Central Government to Issue Directions: The BCI has raised concerns about the broad powers granted to the Central Government to issue directions to the BCI, stating that it could further undermine the BCI’s independence.
Section 24 – Deviations in Enrollment Eligibility and Fee Structure: The BCI opposes changes to the enrollment eligibility and fee structure, urging the restoration of the fixed fee structure and clear criteria for admitting advocates.
Definition of “Legal Practitioner”: The BCI requests the omission of the new definition of “Legal Practitioner,” arguing that it is vague and could lead to regulatory challenges.
Deletion of “Practice of Law” Definition: The BCI wants the definition of “Practice of Law” reinstated, stating that its omission creates ambiguity and invites unregulated practices.
Replacement of “Rules” with “Regulations”: The BCI objects to the replacement of “Rules” with “Regulations” throughout the draft bill, arguing that it diminishes the authority of the Bar Council to frame binding rules.
Omission of Advocates Protection and Welfare Provisions: The BCI is concerned about the omission of provisions related to welfare schemes for advocates and urges their reinstatement.
These are some of the key objections raised by the BCI to the Draft Advocates Amendment Bill 2025. The BCI has urged the government to address these concerns and make necessary changes to the bill to ensure the independence and autonomy of the legal profession.
The Draft Advocates (Amendment) Bill, 2025, introduced by the Department of Legal Affairs, proposes significant changes to the Advocates Act, 1961, aiming to modernize the legal profession in India. However, the Bar Council of India (BCI) has raised several objections, expressing concerns that certain provisions may undermine the autonomy and independence of the Bar.
Key Objections Raised by the BCI:
Government Nomination to the BCI: The draft bill introduces a provision allowing the Central Government to nominate up to three members to the Bar Council of India. The BCI argues that this could compromise its democratic structure and autonomy, transforming it from a self-regulating body into one influenced by government appointments.
Regulation of Foreign Law Firms: The proposed amendments shift the responsibility of regulating foreign law firms from the BCI to the Central Government. The BCI contends that it is well-equipped to oversee foreign legal entities and that this change could dilute its regulatory authority.
Enrollment Fee Determination: The draft bill grants the Central Government the power to determine enrollment fees for advocates. The BCI fears this could lead to arbitrary changes, causing confusion and difficulties for those entering the profession.
Definition Changes: Alterations to the definitions of ‘legal practitioner’ and the omission of ‘practice of law’ are also points of contention. The BCI believes these changes introduce vague criteria, potentially opening dangerous loopholes and creating ambiguity in the profession’s scope.
Disciplinary Committee Timelines: The bill proposes specific timelines and consequences for disciplinary committees, which the BCI argues could undermine their quasi-judicial functions.
Replacement of ‘Rules’ with ‘Regulations’: Throughout the draft bill, the term “Rules” has been replaced with “Regulations.” The BCI asserts that this change diminishes its authority to frame binding rules, as regulations are subordinate to rules, potentially reducing the effectiveness of its decisions.
Omission of Advocates Protection Provisions: The BCI had proposed a new chapter on Advocates Protection and Rights to safeguard advocates from violence, harassment, and malicious prosecution. The omission of these provisions in the draft bill is a significant concern for the BCI.
The BCI has communicated these objections to the Union Law Minister, urging for the deletion or rectification of the contentious provisions. They caution that if the autonomy, fairness, and democratic structure of the legal profession are compromised, nationwide protests and legal challenges may ensue.
The Ministry of Law and Justice has invited public comments on the draft bill until February 28, 2025. Stakeholders, including advocates, law students, and the general public, are encouraged to submit their feedback via email to dhruvakumar.1973@gov.in and impcell-dla@nic.in
As the consultation process continues, it remains to be seen how these objections will influence the final version of the bill and its impact on the legal profession in India.
The Bar Council of India (BCI) has raised objections to the proposed Draft Advocates Amendment Bill 2025, expressing concerns that the bill could undermine the autonomy and independence of the Bar. The BCI has urged the deletion or rectification of several draft provisions of the Advocates Act of 1961.
Key Objections Raised by the BCI:
Government Nominees in BCI The draft bill introduces Section 4(1)(d), which allows the Central Government to nominate up to three members to the BCI. The BCI views this as an arbitrary insertion that would compromise the autonomy of the council, turning it into a government-regulated body rather than a self-regulating professional body. The BCI is urging for the deletion of this provision.
Regulation of Foreign Lawyers and Law Firms The draft bill proposes to shift the responsibility of regulating foreign law firms and lawyers to the Central Government. The BCI believes it is equipped to regulate foreign entities in legal practice and ensure the interests of Indian lawyers are protected and seeks rectification to frame rules in consultation with the Central Government.
Changes to Definitions The BCI has also raised concerns regarding changes to the definitions of “legal practitioner” and “practice of law”.
Lawyers’ Protest and Abstention from Work:
Lawyers in Delhi’s district courts have abstained from work to protest the proposed amendments. The Coordination Committee of all District Court Bar Associations across Delhi’s lower courts decided to abstain from work, calling the bill “unjust, unfair and biased”. The committee extended the abstention from judicial work for a third day, until February 19, 2025.
The proposed amendment includes Section 35 A, which would prohibit advocates from boycotting or abstaining from court work.
The legal professionals have voiced concerns that the bill is unjust and biased, calling for its immediate review.
