In a surge to reform legislation, the Union Government has come up with another monumental effort to revise and amend The Advocates Act of 1961.
The Advocates (Amendment) Bill, 2025, aims to improve legal education and professional standards and significantly reform the legal profession by bringing it under contemporary requirements and aligning it with ‘global best practices.’
As part of the consultation process and to encourage public participation, the Government also seeks feedback from the public to advise and suggest changes to the proposed 2025 Bill. Comments on the draft Bill can be sent to dhruvakumar.1973@gov.in and impcell-dla@nic.in by February 28th, 2025.
1. The following proposed amendments to the principal statute are noteworthy; Expanded Definition of Law Graduate under section 2, subsection (1), clause (h):
“Law Graduate means a person who has obtained a bachelor’s degree in law of three or five years or such other duration as prescribed, from any Center of Legal Education or University established by Law or a college affiliated to any university and recognized by Bar Council of India.”
For the record, as per the 1961 Act, any person who has obtained a Bachelor’s Degree in law from any University in India is considered a Law Graduate. The Amendment has also enhanced the scope of “Legal practitioner” within the Act; it now also includes individuals from Foreign Law Firms, and an experience certificate issued by concerned authorities shall be proof of the person’s legal practice.
Strict Verification of Credentials of Legal Practitioners, r/w sections 2(1)(o), 7(da), 19(A) of the Bill:
The Bill seeks to hunt down fake, forged, and fraudulent educational certificates and other credentials of individuals engaged as Legal Practitioners. Therefore, it proposes to provide for a Verification Certificate issued by State Bar Councils as per the directions of the BCI, which would state the accuracy and truthfulness of such credentials of the Advocate. Furthermore, it also proposes a mandate to verify the credentials with the concerned Boards/ Universities every five years and 90 days prior ahead of the State Bar Council Elections. After this, the State Bar Councils shall submit the data to the BCI.
Mandatory registration with a Bar Council under the new section 33A:
The insertion of a new provision—33A—proposes to make the conventional practice of registration with a Bar Council a mandatory compliance. The advocates would now have to compulsorily register themselves with one Bar Council. Also, the members of the particular Bar Council shall be able to participate in the electoral activities only for the Council of which they are a part and of no other.
Prohibition of Strikes and Boycotts under the new section 35A:
One of the most remarkable features of this Act is the proposed new section 35A, which states;
“(1) No association of advocates or any member of the association or any advocate, either individually or collectively, shall give a call for boycott or abstinence from courts’ work or boycott or abstain from courts’ work or cause obstruction in any form in court’s functioning or court premises. (2) Violation of clause (1) shall be treated as misconduct and shall be liable for disciplinary action as contemplated under the Act and Regulations Provided that advocates may participate in a strike only when it does not impede the administration of Justice, such as strikes intended to bring attention to legitimate concerns about professional conduct, working conditions, or administrative matters and may include symbolic or one- day token strikes, as long as they are conducted in a way that does not disrupt court proceedings or violate clients’ rights.”
The section specifies the mode of action that the Advocates must follow to call a strike. It highlights the concern of obstruction of due course of Justice and instances of sheer violation of the rights of the clients caused due to delays originating out of such boycotts. Several hundred precious hours of the Courts’ time are rendered impotent due to strikes by the reason of freedom of speech and expression.
The concept of Misconduct – Section 2(1)(ia) and Section 45B:
The proposed Bill has come up with a new concept of “Misconduct,” which means an act or omission that leads to a breach of standards of conduct by an Advocate. The concept is reiterated within the Act on several occasions, such as failure to comply with section 35A of the said Bill would also be considered “Misconduct”. Such an act or omission would attract liability under section 45B of the Bill, wherein a complaint may be made against such instance of misconduct.
Amongst some other proposed amendments, the GOI also strives to attain diversity in the constitution of the Councils by compulsorily affixing the position of women members. The practitioners of Foreign Firms are also recognized and are subject to directions of the Central Government.
With this effort, it is clear that the proposed Bill is set to enhance and improve the levels of transparency, objects of Justice, the speed of trials, and overall efficiency in the legal profession. The highlighted features aim to harness the malpractices while giving ample room for budding professionals to practice in a fairly competitive environment.
The GOI calls for public consultation on the Advocates (Amendment) Bill, 2025 which is a crucial opportunity for legal professionals, law students, and concerned citizens to voice their opinions. The Bill has far-reaching implications, and hence, comments from the people of diverse backgrounds can help shape this legislation desirably.
Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.
