The Central Government has announced that the Advocates (Amendment) Act, 2023, will take effect on September 30, 2024. This update aims to enhance the regulation of legal professionals and address pressing issues within the legal fraternity.
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NEW DELHI: The Central Government officially announced that the provisions of the Advocates (Amendment) Act, 2023, will come into effect from September 30, 2024. This notification follows the authority granted under sub-section (2) of section 1 of the Advocates (Amendment) Act, 2023 (33 of 2023).
The legal landscape of India is set for a significant shift with the Advocates (Amendment) Act, 2023, officially becoming effective on 30th September 2024. This legislative update aims to enhance the regulation of legal professionals and tackle the pressing issues in the legal fraternity. The Ministry of Law and Justice has announced the new provisions that will modify the Advocates Act, 1961, a landmark regulation governing legal practitioners in India.
The Central Government has officially notified-
“In accordance with the authority granted by sub-section (2) of section 1 of the Advocates (Amendment) Act, 2023 (33 of 2023), the Central Government hereby designates September 30, 2024, as the date on which the provisions of this Act will take effect.”
This marks a crucial step in improving the administrative mechanisms related to advocates’ conduct, ensuring better legal representation, and more robust control over malpractices within the legal profession.
Key Amendments to the Advocates Act, 1961
One of the pivotal introductions is Section 45A which empowers High Courts, District Judges, Sessions Judges, and other senior legal authorities to frame and publish lists of individuals who habitually act as touts.
A tout, as defined under this amendment, is-
“A person who secures the employment of a legal practitioner in any legal matter in exchange for remuneration from that legal practitioner.”
Additionally, the Act specifies that-
“procurement can take place in civil or criminal courts, revenue offices, railway stations, lodging establishments, or any other public venues.”
This change is designed to crack down on the unethical practice of touting, where individuals solicit legal work for advocates in exchange for commissions, often leading to corrupt practices in the legal profession.
The Act further adds-
“No person’s name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.”
This ensures a fair process by giving the accused a chance to present their side before being formally listed as a tout.
Additionally,
“Any authority empowered under sub-section (1) to frame and publish a list of touts may send to any court subordinate to such authority the names of any persons alleged or suspected to be touts, and order that court to hold an inquiry in regard to such persons.”
Stringent Penalties for Touting
The amendment prescribes penalties for those found guilty of touting. As per the Act-
“Any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.”
The inclusion of these penalties is intended to act as a deterrent, reducing the prevalence of touts in and around courts, and promoting a cleaner, more transparent legal system.
Enhanced Authority and Monitoring
The Act allows the High Court, District Judge, and other designated authorities to keep a check on the activities within their respective courts and the courts subordinate to them. The Act states-
“The Court or Judge may, through a general or special order, bar from the court premises any individual whose name appears on such a list.”
This provision is essential for maintaining decorum and discipline within the court premises. Furthermore, it helps to curb unwarranted influences in the administration of justice.
Additionally, a copy of the published list of touts will be prominently displayed in the respective courts, ensuring transparency.
“A copy of every such list shall be kept hung up in every Court to which the same relates.”
Impact on the Legal Practitioners Act, 1879
The new amendments to the Advocates Act also lead to modifications in other related laws. Specifically, Section 50 of the Act states-
“Upon the enforcement of section 45A of the Advocates Act, 1961, sections 1, 3, and 36 of the Legal Practitioners Act, 1879, will be repealed.”
This repeal signifies a significant overhaul in the legal practitioner regulations, aiming to align older provisions with contemporary requirements of the judicial system.
Conclusion
The Advocates (Amendment) Act, 2023, with its implementation scheduled for 30th September 2024, is a landmark legislation aiming to reform the legal profession by eradicating unethical practices such as touting. By giving more power to courts to regulate such practices and ensuring stricter penalties, the Act is poised to strengthen the credibility and transparency of India’s judicial system. This reform is expected to enhance the public’s trust in the legal fraternity, thereby fostering a more ethical environment for legal practitioners.
