General Counsel body urges Law Ministry to allow corporate lawyers to enrol, represent employers in court

The General Counsels’ Association of India (GCAI) has written to the Law Ministry asking that ‘legal practitioners’ working in private or public organisations should have the option to enrol as advocates and appear in court on behalf of their employers..The request was part of GCAI's suggestions to Minister of State for Law and Justice (Independent Charge) Arjun Ram Meghwal on the recently proposed Advocates (Amendment) Bill, 2025..The letter said, “Legal Practitioners engaged in the “Practice of Law“ in any private or public organization (including corporate entities), may opt to enroll and remain on the rolls and be regarded as “Advocates” during their employment; and thereafter be permitted to appear only for their employer during the duration of their employment.”It has also been requested that ‘legal practitioners’ who choose not to enrol as advocates should be allowed to represent their organisations before authorities that permit non-advocates to appear..In its letter addressed to the Minister, the GCAI expressed appreciation for the government’s initiative to revise the decades-old Advocates Act, which it described as “long overdue.” The Association also thanked the Ministry for providing an opportunity to share its views on the Amendment Bill, even though the formal consultation process has concluded. The GCAI emphasised that its recommendations are interim and that it will provide further comments once the revised Amendment Bill is made available for consultation.The following are the recommendations made by the body:.1. Distinction between “Advocate” and “Legal Practitioner”The GCAI endorsed the proposed distinction between “Advocate” and “Legal Practitioner” in the Amendment Bill. It agreed that the definition of “Advocate” should remain limited to those entered in any roll under the provisions of the Act. Meanwhile, “Legal Practitioner” should encompass law graduates engaged in legal work within organisations incorporated and registered in India.2. Validation of legal practitioners’ experienceThe GCAI recommended that the experience of legal practitioners be validated by state bar councils, bar associations, and courts or quasi-judicial forums based on certifications from their employing organisations. This would ensure that their professional experience is formally recognised, the letter said.3. Legal privilege for legal practitionersCiting Section 134 of the Bharatiya Sakshya Adhiniyam, 2023, the GCAI argued that legal practitioners should be recognised as “legal advisors” and enjoy the same privilege of confidentiality in their communications with their organisations as traditional advocates. This would safeguard confidential legal advice provided by in-house counsel, it states..4. Amendment to Section 29 of the Advocates ActThe GCAI proposed amending Section 29 of the Advocates Act to recognise legal practitioners as the only class of persons entitled to practice law. The revised section should clarify that legal practitioners are entitled to practice and enroll under the Act, even if they have taken up full-time employment. Additionally, the period of full-time employment should be deemed as practice for the purposes of the Act.5. Code of conduct for legal practitionersThe Association lauded the Ministry’s vision to allow legal practitioners to seek experience certification from relevant authorities. It recommended the development of an appropriate Code of Conduct for Legal Practitioners seeking such certification to ensure ethical standards are maintained..The Central government on February 22 decided that the Advocates (Amendment) Bill 2025, which proposes to makes changes to the Advocates Act, will be revised and fresh public consultation will be held.The same was conveyed by the Union Law Ministry to the Bar Council of India (BCI) on Saturday.The decision has come at a time when bar bodies and lawyers across the country have been protesting against the Advocates (Amendment) Bill 2025 in its current form..Read Letter