Advocates (Amendment) Bill, 2025: Key Issues Raised by BCI and Advocates

The Advocates (Amendment) Bill, 2025 has sparked widespread opposition from the Bar Council of India (BCI) and legal professionals due to several contentious provisions. Below are the major concerns raised by advocates:

1. Government Influence Over BCI

• The bill proposed allowing government-nominated members in the Bar Council of India (BCI) and State Bar Councils.
• Legal professionals argue that this move could threaten the autonomy of the Bar Council, potentially leading to excessive government control over the legal profession.

Judiciary Mock Test Series

2. Regulation of Foreign Law Firms

• The bill sought to transfer regulatory authority over foreign law firms from the BCI to the government.
• Many lawyers opposed this, citing Supreme Court rulings that placed such regulations under the jurisdiction of the BCI. They argue that the legal profession should be self-regulated rather than controlled by the government.

3. Ban on Court Boycotts and Strikes

• The bill included provisions to penalize advocates who participate in court boycotts or strikes.
• Lawyers contend that this infringes on their right to protest, which they deem essential for raising concerns over judicial and legal system issues.

4. Recognition of Corporate Lawyers and In-House Counsels

• The bill expanded the definition of “advocate” to include corporate lawyers and in-house counsels, allowing them to register as legal practitioners.
• The BCI opposes this provision, maintaining that only those who enroll with the Bar Council and practice in courts should be considered advocates.

5. Enhanced Disciplinary Provisions & Control Over Legal Education

• The bill introduced stricter disciplinary measures for professional misconduct, giving additional authority to the BCI and the government.
• Lawyers expressed concerns that these measures could be misused to suppress independent legal voices.
• Additionally, the bill proposed greater government control over legal education, raising fears of potential overreach.

6. Violation of Advocates’ Rights

• Many legal professionals argue that the bill restricts their rights and promotes government interference in the legal profession, which could weaken the independence of the judiciary.

Government Response

Following widespread protests and strong resistance from the BCI and legal community, the Law Ministry withdrew the draft bill on February 22, 2025. The ministry stated that it would hold further consultations with stakeholders before introducing a revised version of the bill.

The legal community continues to monitor the developments closely, emphasizing the need to protect the independence of the Bar and the rights of advocates in any future amendments to the Advocates Act.

« Every quarrel or conduct causing annoyance may not amount to the offence of “cruelty” Under Section 498A IPC – Judgment by Supreme Court

Section 9 of the Code of Civil Procedure (CPC), 1908 – Jurisdiction of Civil Courts »