Law Ministry to amend Advocates Act: Moves to ban lawyer strikes, add Govt nominees to Bar Council

The draft amendment introduces a new Section 35A: “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 courts’ functioning or in court premises.”

Any violation of this would be treated as misconduct and will be liable for disciplinary action under the Act and regulations, it says. However, the draft does provide for an exception. “Provided 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,” it says.

As per the amendment proposed in Section 4 of the Act, which pertains to the Bar Council of India, the Centre can nominate up to three members to the Bar Council of India, to add to the existing membership that is the Attorney General of India, the Solicitor General and one member elected by each State Bar Council from among its members. “The following clause (d) shall be inserted, namely ‘not more than three members to be nominated by the Central Government’,” the draft says.

Another new Section, 49B, that is proposed to be added pertains to the “power of Central government to give directions”, which says that “the Central Government may give such directions to Bar Council of India as may appear to the Central Government to be necessary for carrying into execution any of the provisions of this Act or of any rule or order made thereunder.”

A proposed new clause says the State Bar Council may not enrol any person who has been convicted of an offence punishable with imprisonment of three years or more. “The name of an advocate shall be removed from the state roll, if he is convicted of an offence and sentenced for a period of three years or above, with or without fine, and the conviction has been confirmed by the High Court or the Supreme Court,” it adds.

The draft amendment also expands the definition of a law graduate and a legal practitioner. So far, a law graduate is defined as anyone who obtains a Bachelor’s law degree from any university established by law in India. According to the proposed amendment, a 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.”

The definition of a legal practitioner is proposed to be changed to include corporate lawyers as well as those working with foreign law firms.

The draft amendment increases the punishment for illegally practising in any court, that is anyone other than an advocate, from the existing six months’ imprisonment to one year imprisonment and/or a fine of up to `2 lakh.

In its notice inviting comments, the Law Ministry said the draft amendment was a part of the government’s ongoing reform agenda.

“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,” it said.