Breaking: Law Commission Suggests Drastic Changes In Advocates Act [Read Report & Draft Amendment Bill]

Law Commission of India has submitted it’s 266th report titled ‘The Advocates Act, 1961 (Regulation of Legal Profession)’ suggesting drastic changes in the Advocates Act 1961 to the Law, to the Government. Supreme Court in Mahipal Singh Rana vs. State of Uttar Pradesh (July,2016), had observed that there is an urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession. Three Judge Bench comprising of Justices Anil R. Dave, Kurian Joseph and Adarsh Kumar Goel had requested the Law commission and Government of India to take appropriate steps in this regard.Urgent need to review regulatory mechanism for the legal profession: SC [Read Judgment]Law Commission in the report, emphasized the need of reviewing Regulatory Mechanism and Regulatory bodies etc., and recommended comprehensive amendments in the Advocates Act. The Commission also submitted a draft of Advocate (Amendment) Bill, 2017. Lawyers’ StrikeThe Commission observed that unless there are compelling circumstances and the approval for a symbolic strike of one day is obtained from the Bar Council concerned, the advocates shall not resort to strike or abstention from the court work.A suggestion has been made that at every district headquarters, the District Judge may constitute an Advocates’ Grievance Redressal Committee headed by a Judicial Officer which will deal with the day to day routine matters, as large number of issues and grievances arise in the smooth working of the advocates. In this regard, the High Court may issue a circular in exercise of its power under article 235 of the Constitution providing for redressal of grievances of the Advocates which will help in improving their efficiency. In case there is some grievance against a Judicial Officer, the Bar may raise the grievance before the Chief Justice of the concerned High Court.Propriety of performing public functions by convicted persons; The Law Commission is of the view that wiping out the bar after enrolment, in case of conviction of an advocate after two years in the nature of cases mentioned in section 24A, does not render the person in any way desirable to plead on behalf of a person seeking redressal of his grievance through the justice delivery system. The legal profession, as such, has been placed on a very high pedestal acknowledging advocates’ legal status and authority to plead on behalf of a person in court of law. Similarly, there can be hardly any justification for wiping out such disqualification, which is otherwise applicable for enrolment, after the enrolment is made. Having regard to the broader objective of the provision, the said bar should certainly operate post enrolment.The Commission recommended the substitution of section 24A and 26A with new provisions to take care of the objectives of undesirability of a convicted person being allowed to perform important public functions. Fake Lawyers and verification; The Commission observed that lawyers were practicing either with the fake law degree or without any degree at all. The process of verification is not yet complete and the so-called bogus lawyers could be identified only by scrutiny. Apprehension has been raised that the alleged bogus lawyers could have succeeded in making entry in the judiciary, government services and some of them could have been appointed as Government pleaders, Law Officers, etc. Such persons might have succeeded in mission by impersonation and entering into criminal conspiracy. Thus legal advice offered by such persons could affect the deliverance and quality of justice and their mere existence in legal system would definitely erode the public trust. Law Commission recommends a specific rule making power for Bar Council of India to make rules for verification of certificates of Advocates and for periodical verification of antecedents, conduct, place of practice of Advocates; and to make a data based web-portal of all the advocates.Legal Education; The Commission observed that the law colleges require transformation in infrastructure and resources. Library facilities in our law colleges need to be upgraded, for which resources have to be mobilised.“Legal education in India should be structured in a manner where the BCI, along with legal academics may endeavour to innovate, experiment and compete globally. A balance should be maintained in order to change the entire fabric of legal education system in India, keeping in mind the necessity of globalisation”, states the Report Pre-enrolment Training of Advocates The Commission observed that this is another problem that requires to be highlighted is that without undergoing any training or facing subordinate courts, fresh graduates start appearing before the superior courts. Counsel engaged by litigants do not appear in the court, rather send raw hands to deal with the matters.The Law Commission recommended a specific clause in section 7(1) of the Advocates Act to provide for the rule making...

Breaking: Law Commission Suggests Drastic Changes In Advocates Act [Read Report & Draft Amendment Bill]

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