ADVOCATES (AMENDMENT) BILL WITHDRAWN AMID PROTESTS

GS2 POLITY: 

The Union Ministry of Law and Justice withdrew the draft Advocates (Amendment) Bill on February 23, 2025, following widespread lawyer protests and objections from the Bar Council of India (BCI). The Bill, introduced on February 13, 2025, proposed major changes to the legal profession but faced unanimous opposition from bar associations.

Key Provisions of the Draft Bill

1. Government Control Over BCI

• Allowed the Centre to nominate members to the BCI, threatening its independence.
• The BCI, established under the Advocates Act, 1961, has been a democratically elected body regulating legal admissions and misconduct cases.

2. Entry of Foreign Law Firms

• Proposed to give the Centre control over foreign law firms’ entry into India.
• Contradicted the 2018 Supreme Court ruling, which allowed foreign lawyers to provide legal advice on a casual basis.
• Raised concerns over government overreach, as the BCI had previously framed its own rules to regulate foreign law firms.

3. Restrictions on Lawyers’ Right to Strike

• Section 35A classified lawyer strikes as misconduct, penalizing protests.
• Allowed only limited exceptions, restricting the legal fraternity’s ability to protest.
• Lawyers argued it infringed on fundamental rights and weakened professional autonomy.

4. Liability for Misconduct

• Allowed clients to file complaints against lawyers for misconduct if they suffered losses.
• Raised concerns over misuse, as legal outcomes depend on multiple factors beyond a lawyer’s control.
• Proposed monetary penalties and suspension, increasing fears of harassment.

Withdrawal and Future Consultations

• The Union Ministry withdrew the Bill after backlash from lawyers and bar councils.
• Announced plans to revise the draft and consult stakeholders before reintroducing reforms.