The Advocates Amendment Bill, which aims to weed out ‘touts’

The Advocates Amendment Bill, which aims to weed out ‘touts’

Subject :Polity

Section: Legislation in news

Context: The Advocates Amendment Bill

More about the news:

• The Advocates Amendment Bill, 2023, was passed in the Lok Sabha during the first day of Parliament’s Winter Session.
• The bill aims to eliminate ‘touts’ from the legal system by repealing the Legal Practitioners Act, 1879, and amending the Advocates Act, 1961.
• The bill focuses on reducing unnecessary enactments in the statute book and eliminating obsolete laws.

What does the now-repealed 1879 Act state

• The Legal Practitioners Act, enacted in 1880, aimed to consolidate and amend the law related to legal practitioners in certain provinces.
• The Act applied to areas in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya Pradesh, Assam, Orissa, and Delhi, and could be extended to other states by their governments.
• Section 2 defined “legal practitioner” to include advocates, vakils, or attorneys of any High Court.
• It also introduced the term “tout,” referring to someone who procures employment for a legal practitioner in exchange for remuneration.
• The Advocates Act of 1961 repealed most provisions of the 1879 Act but retained elements related to its extent, definitions, and powers to frame and publish lists of touts.

What is the Advocates Act of 1961:

• The Advocates Act of 1961 was enacted to amend and consolidate the law concerning legal practitioners and the establishment of Bar Councils and an All-India Bar. 
• Before its enactment, legal practitioners were governed by three Acts – the Legal Practitioners Act of 1879, the Bombay Pleaders Act of 1920, and the Indian Bar Councils Act of 1926.
• The need for judicial administration reforms post-independence prompted the Law Commission to recommend repealing the 1879 Act in its 249th Report, titled ‘Obsolete Laws: Warranting Immediate Repeal’.
• The All-India Bar Committee also provided recommendations in 1953, contributing to the passage of the 1961 Act.

What does the Advocates Amendment Bill, 2023, say:

• The Advocates Amendment Bill, 2023, has been passed in the Lok Sabha to eliminate ‘touts’ from the legal system.
• The bill repeals the Legal Practitioners Act, 1879, and amends the Advocates Act, 1961, with the aim of reducing superfluous enactments and eliminating obsolete laws. 
• The new Section 45A allows High Courts and district judges to frame and publish lists of touts.
• Individuals can contest their inclusion in such lists before publication.
• If found to be a tout, their names will be published and displayed in every court.
• The Bill also imposes penalties for acting as a tout while included in such a list.