The Union Law Ministry has drafted the Advocates (Amendment) Bill, 2025 and circulated the same inviting feedback from the public..The Advocates (Amendment) Bill, 2025, aims to address contemporary challenges in the legal profession, enhance transparency, and align legal education and practice with global best practices, states the press release issued by the Ministry.To encourage public participation in the legislative process, the government has invited comments and feedback on the draft bill. A tabular statement detailing the existing provisions and proposed amendments has also been prepared for reference.Stakeholders and the public have been asked to submit their views via email to dhruvakumar.1973@gov.in and impcell-dla@nic.in by February 28, 2025..As part of its ongoing legal reforms, the Department of Legal Affairs has proposed amendments focusing on improving legal education and ensuring that lawyers are well-equipped to navigate the evolving demands of the profession, the press release states.The objective is to elevate professional standards and ensure that the legal profession continues to contribute towards a just and equitable society, it adds..The new provisions introduced in the 2025 draft Bill include:Legal practitioner to include corporate lawyers [amendment of Section 2(i)] - apart from litigating lawyers, the Bill proposes to include any law graduate doing legal work in any private or public organization including but not limited to statutory and autonomous bodies, domestic and foreign law firms and corporate entities" under the ambit of "legal practitioner".Mandatory bar association registration (Section 33A) – Advocates practicing before any court, tribunal, or authority must register with a Bar Association where they usually practice. If they change their place of practice or area of law, they must inform their previous Bar Association within 30 days. Advocates can vote in only one Bar Association.Ban on court boycotts (Section 35A) – Advocates and Bar Associations cannot call for or participate in court boycotts or obstruct court proceedings. Violating this rule will be considered misconduct and lead to disciplinary action. However, advocates may hold symbolic protests or one-day strikes as long as they don’t disrupt court work or affect clients' rights.Liability for misconduct (Section 45B) – If a person suffers a loss due to an advocate’s deliberate actions or misconduct, they can file a complaint under the regulations set by the Bar Council of India to determine the advocate’s liability.Government's power to direct BCI (Section 49B) – The Central government can issue directions to the Bar Council of India to ensure proper implementation of the Act and its rules.Penalty for unauthorised practice (Section 45) – Anyone who practices in a court or before an authority without being legally entitled to do so can face imprisonment for up to one year and/or a fine of up to two lakh rupees. (previously, the imprisonment term was six months.)Power of Central government to make rules (Section 49A) – The Central government can make rules through a notification in the Official Gazette to implement this Act, including matters under the authority of the Bar Council of India or State Bar Councils. A new addition allows the government to frame rules regarding the entry of foreign law firms and lawyers into India. .The Advocates Act, 1961, was originally enacted to regulate the legal profession, safeguard client interests and maintain professional standards. It also led to the establishment of the Bar Council of India and State Bar Councils to oversee the conduct and discipline of advocates across the country.Back in 2023, the Lok Sabha had passed the Advocates (Amendment) Bill, 2023 to repeal the Legal Practitioners Act of 1879 and amend the Advocates Act, 1961. .[Access Bill Here]
The Union Law Ministry has drafted the Advocates (Amendment) Bill, 2025 and circulated the same inviting feedback from the public..The Advocates (Amendment) Bill, 2025, aims to address contemporary challenges in the legal profession, enhance transparency, and align legal education and practice with global best practices, states the press release issued by the Ministry.To encourage public participation in the legislative process, the government has invited comments and feedback on the draft bill. A tabular statement detailing the existing provisions and proposed amendments has also been prepared for reference.Stakeholders and the public have been asked to submit their views via email to dhruvakumar.1973@gov.in and impcell-dla@nic.in by February 28, 2025..As part of its ongoing legal reforms, the Department of Legal Affairs has proposed amendments focusing on improving legal education and ensuring that lawyers are well-equipped to navigate the evolving demands of the profession, the press release states.The objective is to elevate professional standards and ensure that the legal profession continues to contribute towards a just and equitable society, it adds..The new provisions introduced in the 2025 draft Bill include:Legal practitioner to include corporate lawyers [amendment of Section 2(i)] - apart from litigating lawyers, the Bill proposes to include any law graduate doing legal work in any private or public organization including but not limited to statutory and autonomous bodies, domestic and foreign law firms and corporate entities" under the ambit of "legal practitioner".Mandatory bar association registration (Section 33A) – Advocates practicing before any court, tribunal, or authority must register with a Bar Association where they usually practice. If they change their place of practice or area of law, they must inform their previous Bar Association within 30 days. Advocates can vote in only one Bar Association.Ban on court boycotts (Section 35A) – Advocates and Bar Associations cannot call for or participate in court boycotts or obstruct court proceedings. Violating this rule will be considered misconduct and lead to disciplinary action. However, advocates may hold symbolic protests or one-day strikes as long as they don’t disrupt court work or affect clients' rights.Liability for misconduct (Section 45B) – If a person suffers a loss due to an advocate’s deliberate actions or misconduct, they can file a complaint under the regulations set by the Bar Council of India to determine the advocate’s liability.Government's power to direct BCI (Section 49B) – The Central government can issue directions to the Bar Council of India to ensure proper implementation of the Act and its rules.Penalty for unauthorised practice (Section 45) – Anyone who practices in a court or before an authority without being legally entitled to do so can face imprisonment for up to one year and/or a fine of up to two lakh rupees. (previously, the imprisonment term was six months.)Power of Central government to make rules (Section 49A) – The Central government can make rules through a notification in the Official Gazette to implement this Act, including matters under the authority of the Bar Council of India or State Bar Councils. A new addition allows the government to frame rules regarding the entry of foreign law firms and lawyers into India. .The Advocates Act, 1961, was originally enacted to regulate the legal profession, safeguard client interests and maintain professional standards. It also led to the establishment of the Bar Council of India and State Bar Councils to oversee the conduct and discipline of advocates across the country.Back in 2023, the Lok Sabha had passed the Advocates (Amendment) Bill, 2023 to repeal the Legal Practitioners Act of 1879 and amend the Advocates Act, 1961. .[Access Bill Here]
