Draft Advocates Amendment Bill Proposes Court Boycotts' Ban, Centre's Nominees In BCI, Rules On Foreign Firms Etc.

Today, the Draft Advocates (Amendment) Bill, 2025, has been published by the Ministry of Law and Justice, which seeks to amend the Advocates Act, 1961. Public comments have been invited on the draft.

It is stated: "These amendments aim to align the legal profession and legal education with global best practices. The reforms will focus on improving legal education, equipping lawyers to meet the demands of a rapidly changing world, and raising professional standards. The ultimate goal is to ensure that the legal profession contributes to the creation of a just and equitable society, and developed nation."

Comments can be sent by email to dhruvakumar.1973@gov.in and impcell-dla@nic.in by February 28, 2025.

As per the draft Bill, the key changes are:

1. Members nominated by Central Government: The Bar Council of India( BCI) to have three members nominated by the Central Government as per the amendment proposed in Section 4 of the 1961 Act by adding clause (d) to it.  Section 4 is also proposed to be amended to provide for inclusion of two women advocates.

2. Prohibition on strikes/boycott: Insertion of Section 35A which prohibits boycotts and abstention from the Court's work. All calls for boycott and abstention from the Court's work or causing obstruction in Court's functioning or in Court's premises is prohibited as per Section 35A(1). 

Any violation of the said provision shall be treated as misconduct and will be liable to disciplinary action. 

A proviso to the first clause(2) states that advocates 'may' participate in strikes only when it "does not impede the administration of justice such as strikes intended to bring attention to legitimate concerns about professional conduct, working conditions, or administrative makes..".

3. Committee to deal with those involved in strikes and boycott: Section 9B to be inserted to investigate the allegations of "misconduct" when the advocate engages in strikes in violation of Section 35A. It talks about the constitution of 'Special Public Grievance Redressal Committee' of the BCI.

The Committee shall have former Surpreme Court judge or Chief Justice of any High Court or their nominee as chairperson, two retired judges of different High Courts, one senior advocate, and one member from BCI.

One the report of this committee is given to the General Body constituted under the Act, the BCI may accept the findings and seek appropriate remedy or refer the matter to initiate a disciplinary action. 

It should also be noted that as per the proposed Section 26A, the State Bar Council may remove an advocate from Stat role if he is found guilty of "serious misconduct" or "causing obstruction in court's functioning".

4. Power to remove those convicted for 3 years or more from State roll: Insertion of Section 24A and Section 24B. As per proposed Section 24A, the State Bar Council may not enrol a person convicted for an offence punishable for 3 years or more. If they are to be enrolled, the permitted of Enrolment Committee of the State Bar Council will be required. 

As per Section 24B, the names of advocates who are convicted and sentenced for offence punishable for 3 years or more shall be removed from State roll. 

Provided that in the period of sentence is less than five years, the advocate may after two years have elapsed since his release make an application to the State Bar Council for re- enrolment.

5. Entry of foreign law firms: As per the proposed insertion of clause (cc) after clause (c) to Section 49A(1), Central Government now has the power to make rules governing the entry of foreign law firms or foreign lawyers in India.

Section 49A has also been proposed which allows the Central Government to give directions to the BCI necessary for carrying into execution of any provision, rules or order.

6. Expansion of definition of legal practitioner: Section 2(i) which defines who a legal practitioner is now includes "any Advocate or law graduate engaged in the practice of law before courts, tribunals or quasi-judicial forums or doing legal work in any private or public organization including but not limited to statutory and autonomous bodies, domestic and foreign law firms and corporate entities."