Advocates (Amendment) Bill Withdrawn Amid Protests

March 1, 2025

On February 23, 2025, the Union Ministry of Law and Justice withdrew the draft Advocates (Amendment) Bill. This decision followed widespread strikes by lawyers and objections from the Bar Council of India (BCI). The Bill, published on February 13, aimed to introduce changes to the legal profession in India. It sparked protests across Delhi’s courts, leading to a unanimous decision by bar associations against what they termed an “unjust and biased” Bill.

Key Provisions of the Draft Bill

The draft Bill proposed several controversial amendments. Notably, it aimed to allow the Centre to nominate members to the BCI. This was seen as a threat to the independence of the Bar Council. The BCI, established under the Advocates Act of 1961, has traditionally been a democratically elected body. The proposed amendments would have undermined its authority over legal admissions and misconduct cases.

Concerns Over Foreign Law Firms

The draft Bill also sought to give the Centre control over the entry of foreign law firms into India. This issue remains contentious despite a Supreme Court ruling in 2018, which allowed foreign lawyers to provide legal advice on a casual basis. The BCI had previously notified rules to regulate foreign firms, but the draft Bill aimed to change this power dynamic, raising concerns among legal practitioners.

Protests and Right to Strike

A particularly contentious provision was Section 35A, which sought to classify calls for strikes as misconduct. This provision would penalise lawyers for protesting, except in limited circumstances. Critics argued that this infringed on fundamental rights and undermined the ability of lawyers to advocate for their interests. Prominent lawyers voiced concerns about the implications for the legal profession’s autonomy.

Liability for Misconduct

The draft Bill introduced provisions allowing clients to file complaints against lawyers for misconduct if they suffered losses. This raised fears of potential misuse, as lawyers could be held liable for outcomes beyond their control. The Bill proposed monetary punishments, including fines and possible suspension from practice, further intensifying worries among legal professionals.

Withdrawal and Future Consultations

Following the backlash, the Union Ministry decided to withdraw the Bill. They announced intentions to revise the draft and engage in fresh consultations with stakeholders. This move reflects the opposition from the legal community and the need for more inclusive dialogue regarding changes in the legal framework.

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