The draft Advocates (Amendment) Bill, 2025, released by the Law and Justice Ministry, proposes reforms to the Advocates Act, 1961, focusing on regulating court boycotts, enhancing Bar Council oversight, and enforcing stricter conduct standards.
NEW DELHI: On February 13, 2025, the Law and Justice Ministry released the draft Advocates (Amendment) Bill, 2025, inviting public comments on the proposed changes until February 28, 2025. This amendment is a part of the government’s broader reform agenda aimed at improving the functioning of the legal profession in India.
One of the central provisions of the proposed amendment is the introduction of Section 35A, which seeks to prohibit advocates and their associations from calling for or participating in court boycotts or abstaining from court work.
The amendment also makes it clear that any such actions, including obstruction of court functioning or causing disruptions within court premises, will be deemed misconduct. Advocates found violating this provision would face disciplinary action as per the existing regulations of the Advocates Act.
However, the draft amendment allows for limited exceptions. It permits advocates to participate in strikes, but only under specific conditions that do not impede the administration of justice.
These exceptions are designed for strikes that highlight legitimate concerns such as professional conduct, working conditions, or administrative issues.
The strikes permitted under these conditions would include symbolic or one-day token strikes, provided that they do not disrupt court proceedings or infringe upon clients’ rights.
In another significant change, Section 4 of the Advocates Act is being amended to allow the central government to nominate up to three members to the Bar Council of India (BCI). This addition would expand the existing membership, which already includes the Attorney General of India, the Solicitor General, and one elected member from each State Bar Council. The inclusion of central government nominees is aimed at increasing the federal influence and oversight over the BCI’s functioning.
The draft amendment also introduces Section 49B, which grants the central government the authority to issue directions to the Bar Council of India.
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These directions would be issued as needed to ensure the implementation of the Act’s provisions and any related rules or orders, allowing the government to exercise more control over the regulatory body.
Additionally, the proposed amendments include a clause that restricts the enrollment of individuals convicted of serious offenses. Specifically, State Bar Councils would be prohibited from enrolling anyone who has been convicted of an offense punishable by three or more years of imprisonment. Moreover, if an advocate is convicted of such an offense, and the conviction is upheld by the High Court or Supreme Court, the advocate’s name would be removed from the state roll.
These proposed changes reflect a push toward strengthening the regulatory framework governing the legal profession while addressing concerns about professional misconduct and the oversight of the Bar Council of India. The Ministry has provided a window for stakeholders to submit comments and suggestions before these amendments are finalized.
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