PROPOSED AMENDMENTS TO THE ADVOCATES ACT, 1961

GS 2 – POLITY

The Government of India has proposed major amendments to the Advocates Act, 1961, aiming to modernize the legal profession, strengthen disciplinary mechanisms, and align legal education with global standards.

Background of the Advocates Act, 1961

• Enacted in 1961, the Act regulates the legal profession in India.
• It established the Bar Council of India (BCI) and State Bar Councils to oversee lawyers’ conduct & discipline.
• The Act ensures professional ethics, safeguards client interests, and maintains legal standards.

Objectives of the Proposed Amendments

• Addressing contemporary legal challenges in a rapidly evolving global landscape.
• Strengthening legal education to make law graduates industry-ready.
• Enhancing discipline & transparency in the legal profession.
• Encouraging global best practices while upholding Indian judicial values.

Key Features of the Amendments

Prohibition of Court Boycotts

• Advocates will be barred from calling for boycotts of court proceedings.
• Violators will face misconduct charges, ensuring the smooth functioning of courts.

Central Government Nominations

• The Central Government can nominate up to three members to the Bar Council of India (BCI).
• This move aims to increase government oversight & accountability.

Stricter Punishments for Touting

• The offence of ‘touting’ (soliciting clients unethically) will now be punishable by law.
• Courts may publicly disclose the names of touts to deter malpractice.

Expanded Definition of Legal Practitioners

The term ‘legal practitioner’ will now include:

• Corporate lawyers
• Legal professionals in foreign law firms
• This brings India in line with global legal standards.

Stricter Enrolment Criteria for Advocates

• Individuals convicted of serious offences will be barred from enrolment in State Bar Councils.

Changes to Legal Education & Practice

• Revised Definition of Law Graduates
• Only graduates from recognized legal institutions will qualify for enrolment.
• Stronger Action Against Illegal Practice
• Higher penalties will be imposed on non-advocates engaging in unauthorized legal practice.

Implications of the Amendments

• Enhancing the credibility & discipline of the legal profession.
• Strengthening legal education to make law graduates more skilled & competent.
• Ensuring greater transparency & accountability in legal practice.
• Aligning India’s legal framework with international standards for a stronger justice system.

These amendments reflect India’s commitment to a modern, ethical, and well-regulated legal profession.