The Indian legal community is bracing for potential upheaval as the Law
Ministry proposes major changes to the Advocates Act of 1961. These
proposed changes, intended to modernize the legal system, have sparked a
nationwide debate, raising concerns about their potential impact on the
independence and functioning of the legal profession. The Law Ministry
argues that these amendments are necessary to address contemporary
challenges and align the legal profession with global best practices. The
government aims to improve legal education, raise professional standards,
and ensure the efficient delivery of justice.
What are the key proposed changes?
The draft Advocates (Amendment) Bill, 2025, introduces several noteworthy
changes:
- Banning Lawyer Strikes: The bill seeks to prohibit lawyers from resorting
to strikes or boycotts that disrupt court proceedings.4 This move aims to
ensure the smooth functioning of the judiciary and prevent litigants from
suffering due to delays caused by lawyer protests. - Government Nominees in Bar Council: The proposed amendment
suggests including government nominees in the Bar Council of India, the
regulatory body for lawyers.5 This has raised concerns about potential
government influence over the legal profession’s self-governance. - Expanded Definition of Legal Practitioners: The bill proposes to broaden
the definition of “legal practitioner” to include corporate lawyers and inhouse counsel, recognizing their growing role in the legal field. - Stricter Enrollment Criteria: The amendments aim to tighten the criteria
for enrolling as an advocate, potentially barring individuals with criminal
convictions from joining the legal profession.
What are the concerns raised ?
While the proposed amendments have some merits, they have also sparked
concerns among lawyers and legal experts: - Independence of the Bar: Critics argue that including government
nominees in the Bar Council could undermine the independence of the
legal profession and make it susceptible to political influence.9 - Right to Protest: The proposed ban on lawyer strikes has been met
with resistance, with some lawyers arguing that it infringes upon their
right to protest against injustices or issues affecting the legal
profession. - Impact on Access to Justice: Concerns have been raised that stricter
enrollment criteria could disproportionately affect marginalized
communities and limit access to the legal profession for talented
individuals from diverse backgrounds.
The Road Ahead:
The Law Ministry has invited comments and feedback on the draft bill from
all stakeholders. It is crucial for the government to engage in a meaningful
dialogue with the legal fraternity, taking into account their concerns and
suggestions. Striking a balance between ensuring the efficient functioning of
the judiciary and preserving the independence of the Bar is essential for
upholding the rule of law and safeguarding the rights of citizens.
The proposed amendments to the Advocates Act have the potential to
reshape the legal profession in India. It is imperative that these changes are
carefully considered, debated, and implemented in a way that strengthens
the justice system and promotes access to justice for all.
Author
Akshita Garg is a career driven law student at Campus Law Centre, University of Delhi, blending analytical precision with a passion for justice. With a foundation in Botany from Hansraj College, she brings a unique perspective to legal research and advocacy. Her experience spans legal drafting, research, and social impact initiatives, gained through internships at leading firms and NGOs. Known for her critical thinking and effective communication, she is committed to navigating the complexities of law to drive meaningful change.
