The Bar Council of India expresses deep concerns over the Advocates Amendment Bill, 2025, highlighting threats to legal autonomy, calling for immediate revisions, and warning of nationwide protests by lawyers.
New Delhi: The Bar Council of India (BCI) has expressed its “profound concerns” over the proposed Advocates Amendment Bill, 2025, stating that it poses serious threats to the autonomy of the legal profession. In a letter to the Union Law Ministry, the BCI highlighted multiple provisions in the draft bill that require immediate rectification.
On February 13, 2025, the Union Law Ministry circulated the Advocates (Amendment) Bill, 2025, inviting public feedback. However, the BCI claims that the final draft includes unilateral insertions that were not part of previous discussions.
BCI Chairman Manan Kumar Mishra noted,
“It is shocking that in the draft publication, several material changes have been made by some officials and the Ministry of Law.”
The BCI has warned that lawyers across India are agitated, with Delhi District Court lawyers already on strike.
“The lawyers throughout the country are agitated, strong protest is bound to occur,”
the BCI stated, warning that the movement could spread nationwide.
Key Concerns Raised by the BCI
1. Government Nominees in BCI (Section 4(1)(d))
The draft bill allows the Central government to nominate up to three members to the BCI. The BCI has termed this a “draconian provision”, asserting that it was arbitrarily inserted without prior discussion.
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2. Regulation of Foreign Lawyers and Law Firms
The draft proposes shifting the regulation of foreign lawyers and law firms from the BCI to the Central government. The BCI argues that this contradicts the Supreme Court’s judgment in the AK Balaji case and that it has already framed regulations in 2022 for foreign legal practitioners.
“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 BCI questioned.
3. Central Government’s Power to Issue Directions (Section 49B)
The bill gives the Central government the authority to issue binding directions to the BCI. The BCI has strongly opposed this, stating that it undermines the autonomy and self-regulation of the legal profession.
4. Enrollment Eligibility and Fee Structure (Section 24)
The BCI had proposed a fixed enrollment fee of Rs 18,000 for state bar councils and Rs 3,000 for the BCI, with periodic revisions. The draft bill, however, places this under the government’s control, which the BCI fears could lead to arbitrary changes.
5. Definition of “Legal Practitioner” & Deletion of “Practice of Law” Definition
The BCI argues that the draft bill’s vague criteria could allow unregulated foreign legal entities to practice in India. Additionally, the removal of a clear definition of “practice of law” could create legal ambiguities.
6. Removal of Advocates from State Roll (Section 24B)
The draft proposes disqualification of advocates convicted for three years or more, whereas the BCI suggests raising this threshold to seven years, arguing that the current provision is too harsh.
7. Omission of Advocates Protection & Welfare Provisions
The BCI had recommended a new chapter on Advocates Protection, including welfare schemes for pensions, insurance, and healthcare. However, this has been completely omitted.
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8. Strikes and Boycotts as Misconduct
The BCI objects to Sections 26(c) and (d), which classify strikes and boycotts as professional misconduct. It argues that existing laws already empower courts to address disruptions.
9. Amendment to Section 48B (2) (Power to Give Directions)
The proposed amendment seeks to establish a committee led by a former High Court Judge to intervene when a state bar council fails to function. The BCI has demanded the removal of this provision.
10. Penalizing State Bar Councils for Delays (Section 36B(3))
The draft proposes penalizing state bar councils for failing to resolve complaints within two years. The BCI argues that this is inappropriate since these bodies perform quasi-judicial functions.
11. Weakening BCI’s Authority by Replacing “Rules” with “Regulations”
The draft bill replaces “Rules” with “Regulations”, which the BCI claims weakens its authority.
The BCI has strongly opposed several provisions of the Advocates Amendment Bill, 2025, stating that it threatens the autonomy and independence of the legal profession. With protests already emerging, the legal community is demanding immediate revisions to the bill before it is enacted into law.
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