Draft Advocates (Amendment) Bill, 2025

Syllabus: GS2/Governance 

In News

• The Government of India is proposing changes to the Advocates Act, 1961, to strengthen the legal framework.

About the Bill

• The original Act, introduced in 1961, regulates the legal profession, ensures client protection, and maintains the discipline of lawyers through the Bar Council of India and State Bar Councils.
  • Law firms are already regulated as corporate entities, but foreign lawyers have previously not been recognized under the Advocates Act.
• The Department of Legal Affairs has prepared the Advocates (Amendment) Bill, 2025, along with a tabular statement comparing existing provisions with proposed amendments.
• It would allow foreign law firms and foreign lawyers to enter India.

Features

• BCI: The BCI would be responsible for regulating law firms, including those operating in multiple states.
  • The central government can override the BCI’s regulations if they don’t align with the government’s rules.
• Framework for foreign law firms: The proposed changes could pave the way for foreign law firms to operate in India.
  • This is seen as an effort to create a regulatory framework for them.
• Nomination of Members: The central government is proposed to have the power to nominate up to three members to the Bar Council of India, in addition to existing members like the Attorney General and Solicitor General.
• Section 49B proposes that the central government can issue directions to the Bar Council of India for carrying out provisions of the Act and its rules.
• Strikes and Boycotts: It introduces Section 35A which  prohibits lawyers from striking or boycotting work if it disrupts court operations.
  • Advocates may participate in symbolic or one-day strikes, as long as clients’ rights are not affected.
• Transfer of Bar Council Registration: Advocates will need to pay a fee to transfer their registration from one state bar council to another, with approval from the BCI.
• Removal of Advocates for Serious Convictions: Any advocate convicted of an offense punishable by three or more years of imprisonment will be removed from the state roll, provided the conviction is confirmed by the High Court or Supreme Court.
• Expanded Definitions: The definition of a law graduate is expanded to include those who obtain a law degree (Bachelor’s in law) from recognized legal education centers or universities approved by the Bar Council of India.
  • The definition of “legal practitioner” is expanded to include corporate lawyers and those working with foreign law firms.
• Punishment: The punishment for practicing law illegally (i.e., by someone not an advocate) is increased from six months to one year of imprisonment and/or a fine of up to ₹2 lakh.

Importance and Need 

• The government continues to reform the legal profession to make it fair, transparent, and accessible to all.
• The amendments are part of the government’s ongoing reform agenda aimed at aligning the legal profession and legal education with global best practices, improving professional standards, and contributing to a just and equitable society.

Source :IE