What were the objections to the new Advocates (Amendment) Bill 2025?

What were the objections to the new Advocates (Amendment) Bill 2025?

Sub: Polity

Sec: Judiciary

Introduction

• The Advocates (Amendment) Bill, 2025, aimed to amend the Advocates Act, 1961, to address contemporary challenges and align the legal profession with global best practices.
• The Bill was withdrawn on February 22, 2025, following strong opposition from the legal fraternity, especially the Bar Council of India (BCI).

Key Objectives of the Bill

• Address contemporary challenges in the legal profession.
• Align India’s legal framework with global best practices.
• Bring structural reforms to the Advocates Act, 1961.

Objections to the Bill

• Ban on Lawyers’ Strikes and Boycotts
• Increased Executive Control over Bar Council of India
• Centralization of Disciplinary Proceedings
• Impact on Corporate Lawyers and Foreign Law Firms

Way Forward

• The withdrawal of the Bill is seen as a positive step toward inclusive dialogue on legal reforms.
• Legal experts emphasize the need for consultations with High Courts, as Section 34 of the Advocates Act, 1961, empowers them to regulate the practice of advocates before them.
• Any future amendments should ensure judicial independence and autonomy of regulatory bodies.

Bar Council: Roles and Responsibilities

Introduction

The Bar Council of India (BCI) is a statutory body established under the Advocates Act, 1961, to regulate the legal profession and legal education in India. It functions as the supreme regulatory authority for advocates and law institutions across the country.

Roles and Responsibilities of the Bar Council

• Regulation of Legal Profession
  • Lays down standards of professional conduct and etiquette for advocates.
  • Enforces disciplinary actions against erring advocates.
• Regulation of Legal Education
  • Prescribes standards for legal education in consultation with universities and law colleges.
  • Recognizes law degrees for enrollment as advocates.
• Protection of Rights and Interests of Advocates
  • Promotes and safeguards the rights, privileges, and interests of advocates.
  • Provides financial assistance for welfare schemes, medical aid, and insurance.
• Conducting Bar Examinations
  • Conducts the All India Bar Examination (AIBE), which is mandatory for law graduates to practice.
• Supervision of State Bar Councils
  • Acts as an appellate authority over State Bar Councils.
  • Guides and monitors the functioning of State Bar Councils.
• Framing of Rules
  • Frames rules regarding legal practice, including dress code, standards of professional behavior, and disciplinary procedures.
• Legal Aid and Public Interest Matters
  • Promotes legal aid for the underprivileged.
  • Participates in matters of public interest litigation (PIL).

Definition: Advocate vs. Lawyer

Advocate

•  Defined under Section 2(1)(a) of the Advocates Act, 1961 as a person enrolled with a State Bar Council and entitled to practice law in courts.
• An advocate has the right to represent clients in court and plead cases.

Lawyer

• A general term for anyone who has a law degree (LLB).
• A lawyer may or may not be enrolled as an advocate.