After Bar Council’s objection, lawyers’ protests, Centre withdraws contentious amendments to Advocates Act

“However, considering the number of suggestions and concerns received, it has been decided to conclude the consultation process now. Based on the feedback received, the draft Bill, as revised, will be processed afresh for consultation with stakeholders,” the Ministry said.

The draft Bill, which was open for public consultation until February 28, seeking to amend the Advocates Act, 1961, faced severe criticism from the Bar Council of India and lawyers. In a letter to Union Law Minister Arjun Ram Meghwal on Wednesday, BCI chairperson and BJP MP Manan Kumar Mishra said that the draft Bill endangered the autonomy of the BCI.

The draft Bill had provisions that would allow the government to nominate up to three members to the Bar Council of India, issue directions to the BCI and frame regulations for foreign lawyers and firms. The draft Bill also expanded the definition of a “legal practitioner” to include lawyers working with foreign law firms and corporate entities.

The draft amendment had introduced a new section prohibiting boycotts or abstention from courts’ work. It said: “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 in court premises.”

In its February 13 notice, the Ministry had said, “The Department of Legal Affairs is proposing to amend the Advocates Act, 1961 to address contemporary challenges and meet the needs of a growing nation. These amendments aim to align the legal profession and legal education with global best practices. The reforms will focus on improving legal education, equipping lawyers to meet the demands of a rapidly changing world, and raising professional standards. The ultimate goal is to ensure that the legal profession contributes to the creation of a just and equitable society, and developed nation.”