Cong. backs protest against amendments to Advocates Act

Cong. backs protest against amendments to Advocates Act

Sub: Polity

Sec: Judiciary

Context

• The Congress has extended support to the legal fraternity protesting against the proposed amendments to the Advocates Act, 1961.
• The party criticized the Bill for being “poorly drafted” and failing to address the key issues faced by lawyers.
• The Law Ministry has put the draft Bill on its website for public feedback.

Demands by Congress

• The Centre should put the amendments on hold.
• Extensive nationwide consultations must be conducted.
• Inputs from relevant stakeholders should be sought before finalizing the law.

Three Primary Concerns Highlighted by Congress

• Restrictions on Lawyers’ Rights
  • The proposed Bill takes away lawyers’ rights to raise legitimate demands.
  • Lawyers may face penal consequences for boycotting or abstaining from work.
• Excessive Government Interference
  • The Bill allows excessive government control over professional regulatory bodies.
  • This deviates from the Supreme Court-upheld principle of self-autonomy and independence.
• Lack of Proper Forum for Grievances
  • Instead of providing a platform for lawyers to express grievances, the Bill imposes restrictions.

Bar Council of India (BCI) Opposition

• On February 19, 2025, BCI submitted its objections to Law Minister .
• BCI chairman raised concerns over material changes introduced in the draft Bill.
• The autonomy and independence of the Bar are being undermined.
• Lawyers across the country are agitated, and strong protests are expected.

Advocates Act, 1961 & Its Amendments

Advocates Act, 1961

The Advocates Act, 1961 is a key legislation in India that regulates the legal profession and sets uniform standards for advocates. It was enacted to unify the legal profession and establish a structured framework for legal practice.

Key Features:

• Bar Councils: Establishes the Bar Council of India (BCI) at the national level and State Bar Councils to regulate legal education and professional ethics.
• Enrollment & Qualification: Defines eligibility criteria and procedures for enrollment as an advocate.
• Rights & Restrictions: Advocates have the right to practice in courts but are subject to disciplinary actions for misconduct.
• Legal Education Standards: Regulates law schools and legal education programs.
• Uniform Legal Practice: Ensures a standardized legal framework across India.
• Repeal of Previous Laws: Repealed the Indian Bar Councils Act, 1926 and parts of the Legal Practitioners Act, 1879.

Advocates (Amendment) Act, 2023

The Advocates Amendment Act, 2023 introduces new provisions to regulate legal practice and prevent unauthorized legal practitioners.

Key Amendments:

• New Section 45A:
  • Imposes a six-month imprisonment for unauthorized practice of law.
  • Empowers High Courts and district judges to publish lists of touts.
  • Ensures individuals get an opportunity to contest their inclusion before being listed.
• Regulation of Touts:
  • Courts can restrict individuals listed as touts from entering court premises.
  • Touts continuing their activities may face three months of imprisonment or a fine of ₹500.
• Revival of Section 36 of the 1879 Act:
  • This provision, missing in the 1961 Act, has been reinstated to regulate touts effectively.
• Repeal of Obsolete Laws:
  • The amendment aligns with the government’s policy of removing outdated pre-independence laws.
  • The Legal Practitioners Act has been repealed after consultation with the BCI.