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Legal News Article by- Supragya Singh, Dr. Ram Manohar Lohiya National Law University.
The Bar Council of India (“BCI”) has objected to the draft of the Advocates (Amendment) Bill, 2025 on grounds of the bill undermining the autonomy and integrity of the BCI and thereby of the legal profession.
Background
The Ministry of Law and Justice released the Draft of the Advocates (Amendment) Bill on 13th February 2025 on its website. The draft bill aims to amend the Advocates Act of 1961 and makes tabular depiction of existing provisions and proposed amendments. The BCI has noted that there was a two-round discussion between the BCI, the Law Secretary and the Chief Controller of Accounts; however, the proposed provisions in the bill have been unilaterally inserted.
The BCI has said, "It is shocking that in draft Publication, several material changes have been made by some Officials and Ministry of Law. The very concept of autonomy and independence of the Bar is attempted to be demolished by this draft. The lawyers throughout the country are agitated, strong protest is bound to occur. If such deliberate and draconian provisions are not omitted/amended immediately. The Lawyers of Delhi District Courts have already gone on strike and this protest is likely to spread throughout the country if no positive assurance from Ministry is made soon."
Key Concerns
The key objections of the BCI concern the following provisions of the draft bill include the introduction of S. 4(1)(d) - “Not more than three members to be nominated by the Central Government [to the BCI]”. This has been asserted to be contrary to the long-kept democratic structure of the BCI and impacts its independence. The bill also attempts to shift the regulatory power foreign firms and lawyers from the BCI to the Central government. This is contrary to the judgment of the Bar Council of India v A.K. Balaji AIR 2018 SUPREME COURT 1382, and despite the already existent BCI 2022 Regulations.
The draft is also asserted to dilute the definition of a ‘legal practitioner’, contrary to the opinion taken by the Hon’ble court in A.K. Balaji. S. 49 of the proposed draft - “Power of Central Government to give directions [to the BCI]”. This is asserted to undermine the autonomy of the BCI which has long-been a self-regulating body. The BCI has even termed the provision contrary to the objective of the Advocates Act and the Constitution. Likewise, the determination of enrolment fee for advocates has been bestowed upon the Central government while the eligibility criteria has been interfered with, thus, bringing inconsistency.
These include some of the key concerns of the BCI among its other objections to the draft that are asserted to undermine the autonomy and integrity of the BCI.
Conclusion
The proposed amendments of the Bill introduce provisions contrary to the long-held structure of the BCI that in aspects raises concerns over the future independence of the body. The provisions of the bill also have amendments contrary to the holding of the apex court. Thus, the draft holds great significance for the BCI and the legal fraternity.
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