The Advocates (Amendment) Bill, 2025, proposes significant changes to the Advocates Act, 1961, with the aim of modernizing legal education, ensuring better regulation of the legal profession, and addressing misconduct among advocates. While the Bill introduces much-needed reforms, several provisions require reconsideration to avoid excessive regulation, maintain the independence of the Bar Councils, and ensure fairness in the disciplinary process.
This article critically examines the key amendments, analyzes their implications, and suggests necessary modifications, with references to the relevant sections.
Key Highlights of the Bill
1. Introduction of an Advisory Board (Section 2(aa))
- The Bar Council of India (BCI) will establish an Advisory Board for legal education, research, and professional development.
- Objective: Align legal education with global best practices.
2. Mandatory Bar Examination for Enrolment & Continuation (Section 2(ee))
- The All India Bar Examination (AIBE) or any other test prescribed by BCI will be mandatory not just for enrolment but also for continued practice.
3. Verification of Lawyers’ Credentials (Sections 2(o) & 19A)
- The Bill introduces five-yearly verification of advocates’ educational qualifications and place of practice by State Bar Councils.
- Objective: Prevent fake law degrees and ensure only active practitioners remain on the roll.
4. Expansion of “Legal Practitioner” Definition (Section 2(i))
- The definition now includes law graduates working in corporate entities, statutory bodies, and foreign/domestic law firms.
5. Changes in Bar Council Composition (Sections 3 & 4)
- Three members to be nominated by the Central Government in BCI.
- Two co-opted women members in BCI for gender representation.
6. Regulation of Bar Associations (Section 33A)
- Mandatory registration of advocates with Bar Associations where they practice.
- Voting rights restricted to one Bar Association per advocate.
7. Foreign Law Firms & Cross-Border Practice (Section 49A)
- BCI will regulate foreign law firms and lawyers entering India.
- Framework for recognizing foreign law degrees.
8. Stricter Misconduct & Disciplinary Rules (Sections 35, 35A, 36)
- Banning of strikes & boycotts by advocates.
- BCI & SBCs given power to suspend lawyers before inquiry in serious cases.
- Establishment of Special Public Grievance Redressal Committee to investigate allegations of corruption within Bar Councils.
9. Tougher Penalties for Unauthorized Practice (Section 45)
- Illegal practice punishable with up to one-year imprisonment and/or ₹2 lakh fine.
Critical Analysis & Concerns
While the Bill introduces progressive measures, certain provisions risk over-regulation, increased government influence, and practical challenges. Below are key concerns with suggested modifications.
1. Over-Regulation of Lawyers’ Credentials (Sections 2(o) & 19A)
- Issue:
- Advocates must undergo periodic verification of their practice every five years.
- If a lawyer does not actively practice during this period, their name may be removed from the roll.
- Concerns:
- Bureaucratic hurdles for genuine lawyers who take career breaks.
- No clarity on re-enrolment process.
- Suggested Change:
- Introduce a grace period for inactive lawyers with a simplified reactivation process.
- Require verification only for newly enrolled lawyers for the first 10 years, after which it should be based on complaints or random audits.
2. Government Interference in Bar Councils (Sections 3 & 4)
- Issue:
- Central Government to nominate three members in BCI.
- Concerns:
- This compromises the independence of the legal profession.
- Bar Councils should remain self-regulatory bodies.
- Suggested Change:
- Instead of direct government nomination, an independent panel of retired Supreme Court judges and senior lawyers should nominate these members.
3. Mandatory Bar Examination for Continuation in Practice (Section 2(ee))
- Issue:
- Advocates may have to pass additional tests even after initial enrolment.
- Concerns:
- Unfair to experienced lawyers.
- Puts rural and senior lawyers at a disadvantage.
- Suggested Change:
- Bar Examination should be a one-time requirement for new lawyers only.
4. Blanket Ban on Strikes by Advocates (Section 35A)
- Issue:
- Strikes and boycotts are completely prohibited.
- Concerns:
- Violates the right to peaceful protest.
- While frequent strikes affect justice, an absolute ban is undemocratic.
- Suggested Change:
- Allow symbolic or token protests without disrupting court proceedings.
- Strikes should require prior notice to BCI and courts.
5. Foreign Law Firms: Lack of Reciprocity (Section 49A)
- Issue:
- Foreign law firms can operate in India under BCI regulations.
- Concerns:
- This could harm small and mid-sized Indian law firms.
- Suggested Change:
- Reciprocity principle: Allow foreign law firms only if Indian lawyers are allowed to practice in their home country.
6. Automatic Disqualification of Convicted Lawyers (Section 24A & 24B)
- Issue:
- Lawyers convicted of offenses with a minimum three-year punishment will be barred from enrollment or removed from the roll.
- Concerns:
- False implications in politically sensitive cases could lead to wrongful disqualification.
- Suggested Change:
- Establish a BCI Review Panel to assess cases before automatic disqualification.
- Allow re-enrolment after five years, provided the conviction is not related to professional misconduct.
7. Suspension of Lawyers Before Inquiry (Section 36)
- Issue:
- BCI can suspend a lawyer immediately upon a prima facie case of misconduct.
- Concerns:
- Violates principles of natural justice.
- Lawyers should have a right to be heard before suspension.
- Suggested Change:
- Make pre-suspension inquiries mandatory, except in extreme cases like fraud or criminal behavior.
8. Restricting Voting Rights of Non-Practicing Advocates (Section 7(m))
- Issue:
- Advocates not in active practice may lose voting rights in Bar Council elections.
- Concerns:
- No clear criteria for what qualifies as “non-practicing.”
- Many lawyers work in corporate firms, legal education, or government roles but contribute to the profession.
- Suggested Change:
- Define “non-practicing advocates” more precisely, allowing those engaged in legal academia or advisory roles to retain voting rights.
Conclusion & Recommendations
The Advocates (Amendment) Bill, 2025 is a step in the right direction but requires careful refinement. To ensure fairness and practicality, the following changes are recommended:
- Simplify verification to avoid excessive bureaucracy (Sections 2(o) & 19A).
- Remove government nominations in Bar Councils to maintain autonomy (Sections 3 & 4).
- Make the Bar Exam a one-time requirement instead of a recurring test (Section 2(ee)).
- Allow limited strikes instead of an outright ban (Section 35A).
- Ensure reciprocity for foreign law firms (Section 49A).
- Introduce a fair review system before suspending or disqualifying lawyers (Sections 24A, 24B & 36).
- Clarify non-practicing lawyer criteria for voting rights (Section 7(m)).
By implementing these changes, the Bill can strengthen the legal profession while maintaining its independence and fairness.
Author
Rajat Rajan Singh
Advocate
Allahabad High Court Lucknow
