The Advocates (Amendment) Bill, 2025, is a proposed legislative measure by the Government of India aiming to update the Advocates Act, 1961. This initiative seeks to modernize the legal profession, enhance transparency, and align legal education and practice with global standards. The draft bill was released for public consultation on February 13, 2025, with stakeholders invited to submit feedback by February 28, 2025.
Key Provisions of the Draft Bill:
- Prohibition of Strikes and Boycotts: The bill introduces Section 35A, which explicitly prohibits advocates from engaging in strikes or abstaining from court work. This measure aims to ensure the uninterrupted functioning of the judicial system.
- Central Government Representation in the Bar Council of India (BCI): An amendment to Section 4 proposes the inclusion of three members nominated by the central government in the BCI. Additionally, the bill seeks to ensure better representation by including two female advocates in the council.
- Regulation of Law Firms: The BCI would be empowered to regulate law firms operating across multiple states, ensuring uniform standards and practices.
- Framework for Foreign Law Firms: The proposed amendments aim to establish a regulatory framework allowing foreign law firms and lawyers to practice in India, promoting cross-border legal collaboration.
In response to the draft bill, the Bar Council of India (BCI) has expressed significant concerns. In a formal submission to the Union Law Ministry on February 19, 2025, the BCI highlighted that several provisions could undermine the autonomy and independence of the legal profession. The council emphasized that if enacted in its current form, the bill might have serious implications for the profession’s integrity and self-regulation.
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