'Undermines Autonomy & Independence Of Bar' : Bar Council Of India Objects To Draft Advocates Amendment Bill

The Bar Council of India (BCI) today filed objections to the Draft Advocates (Amendment) Bill, 2025 ('the Bill'), which was made public on February 13 for inviting comments. The BCI has expressed "profound concerns" regarding the Bill and identified several provisions, which if enacted, will have "serious implications for the legal profession and [would] undermine the autonomy and integrity of BCI".It has also been claimed by the BCI that two rounds of discussion were held between the BCI, the Law Secretary, and Chief Controller of Accounts. An apparent consensus was reached over key issues in these meetings but despite that, as stated by BCI, the same has been "unilaterally inserted".It is said: "It is shocking that in draft Publication, several material changes have been made by some Officials and Ministry of Law. The very concept of autonomy and independence of the Bar is attempted to be demolished by this draft. The lawyers throughout the country are agitated, strong protest is bound to occur. If such deliberate and draconian provisions are not omitted/amended immediately. The Lawyers of Delhi District Courts have already gone on strike and this protest is likely to spread throughout the country if no positive assurance from Ministry is made soon."Key objections1.Insertion of Section 4(1)(d) - Government Nominees in BCI The draft bill introduces Section 4(1)(d), providing for the Central Government to nominate up to three members to the BCI. This provision is fundamentally opposed to the structure and independence of the Bar Council, which has always been a democratically elected body representing the 27 lakh advocates of the country. The Lawyers have taken this to be a draconian provision.This proposal was never discussed in any of the meetings and appears to be an arbitrary insertion. Allowing government nominated members would compromise the autonomy of the Bar Council, turning it into a government-regulated body rather than a self-regulating professional body. We strongly urge the Hon'ble Minister to delete this provision in its entirety. This has agitated the lawyers throughout the country and may invited nationwide protest.2. Regulation of Foreign Lawyers and Law Firms The A.K. Balaji judgment clearly placed the responsibility of regulating foreign law firms and lawyers on the BCI. The Bar Council's 2022 Regulations already provide a comprehensive framework for their entry, with ample safeguards and the requirement of Central Government approval.The Ministry's draft, however, proposes to shift this regulatory authority to the Central Government. Such a move contradicts the judgment and creates unnecessary confusion. The Bar Council is equipped to regulate foreign entities in legal practice while ensuring the interests of Indian lawyers are protected. This provision must be rectified.The Legal profession as a whole is to be regulated and governed by Bar Council of India, then why and how the Foreign Lawyers and Law Firms could be governed by Central Government. The Bar Council of India shall frame the rules in consultation with the Central Government governing the entry of foreign law firms and foreign lawyers in India.3. Section 49B - Power of Central Government to Issue Directions The proposed Section 49B empowers the Central Government to issue binding directions to the BCI. This provision is wholly unacceptable as it directly undermines the autonomy and independence of the Bar Council, which was designed as a self regulating body. Such a provision is not only against the spirit of the Advocates Act but also unconstitutional. We demand for its complete deletion.The lawyers have treated it to be most draconian and are ready to come on roads, if this provision is not omitted.4. Section 24 - Deviations in Enrollment Eligibility and Fee Structure The proposed amendments to Section 24 of the Advocates Act introduce several problematic changes concerning the eligibility for enrollment as an advocate and the enrollment fee structure.The Bar Council had proposed a fixed enrollment fee of Rs. 18,000/- to the State Bar Council and Rs. 3,000/- to the Bar Council of India, with provisions for periodic revision based on inflation, in consultation with the Bar Council. However, the Ministry's draft leaves the determination of the enrollment fee entirely to the Central Government, to be notified from time to time. This provision undermines the autonomy of the Bar Council and creates potential for arbitrary changes, leading to confusion and difficulties for newly enrolling advocates. The Bar Council strongly opposes this and urges the restoration of the fixed fee structure as agreed during the deliberations. The original Act provided clear criteria for who may be admitted as an advocate on the State roll. The Bar Council had proposed a clause allowing Indian citizens with foreign law degrees to enroll, subject to passing a pre-enrollment examination and compliance with prescribed conditions. However, this...

'Undermines Autonomy & Independence Of Bar' : Bar Council Of India Objects To Draft Advocates Amendment Bill

Gursimran Kaur Bakshi

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