Proposed Amendments to Advocates Act, 1961

February 14, 2025

The Government of India has proposed amendments to the Advocates Act, 1961. This initiative is aimed at modernising the legal framework in response to contemporary challenges. The amendments are part of a broader reform agenda to enhance the legal profession and legal education in India. The proposed changes seek to align practices with global standards while ensuring accessibility and transparency.

Background of the Advocates Act, 1961

The Advocates Act was enacted in 1961 to regulate the legal profession in India.
It established the Bar Council of India and State Bar Councils. These bodies oversee lawyers’ conduct and discipline.
The Act aims to safeguard client interests and elevate professional standards.

Objectives of the Proposed Amendments

The amendments are designed to address contemporary issues within the legal profession. They focus on making legal education more relevant. The aim is to equip lawyers with the skills needed in a rapidly changing environment. The ultimate goal is to encourage a just and equitable society.

Key Features of the Amendments

Prohibition of Boycotts: A new section will prevent advocates from calling for boycotts of court proceedings. Violations will be treated as misconduct.
Central Government Nominations: The Central Government can nominate up to three members to the Bar Council of India.
Punishment for Touting: The amendments will make the offence of ‘touting’ punishable, allowing courts to publicise names of offenders.
Legal Practitioner Definition: The definition of a legal practitioner will be expanded to include corporate lawyers and those in foreign law firms.
Stricter Enrolment Criteria: State Bar Councils will not enrol individuals convicted of serious offences.

Changes to Legal Education and Practice

The amendments propose an updated definition of a law graduate. This includes qualifications from recognised legal education institutions. Furthermore, the punishment for illegal practice by non-advocates is set to increase.

Implications of the Amendments

These amendments are expected to improve the overall integrity of the legal profession. They aim to create a more disciplined environment for legal practitioners. By modernising legal education and practice, the government intends to enhance the justice delivery system in India.

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