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  • What was wrong with the Advocates Bill?
    Posted on March 3rd, 2025 in Exam Details (QP Included)

    • The Centre withdrew the Advocates (Amendment) Bill, 2025, a proposed amendment to the Advocates Act, 1961, following opposition from sections of the bar.
    • The Bill aimed to align the legal profession with global best practices and address contemporary challenges.
    • The Law Ministry emphasized the need to amend the 1961 Act to better equip lawyers for a rapidly evolving world.
    • The Bill introduced Section 35-A, prohibiting advocates and bar associations from abstaining from court work.
    • Advocates argue that strikes are a legitimate means for lawyers to voice grievances and that the bar exercises restraint and resorts to strikes only in cases of extreme exigency.
    • The Bill also allows the Centre to nominate up to three members to the BCI, which the BCI has strongly opposed.
    • The Bill introduces Section 49B, empowering the Centre to issue binding directions to the BCI, set bar council eligibility criteria, and regulate the BCI’s oversight of State bar councils.
    • The amendments significantly expand the BCI’s authority, potentially rendering State bar councils redundant.
    • The Bill expands the definition of “legal practitioner” to include lawyers associated with foreign law firms, corporate entities, and practising advocates.
    • The Bill empowers the Centre to formulate rules governing the entry of foreign law firms and lawyers into India, which has faced strong opposition from the BCI.
    • The withdrawal of the Bill is a welcome step, but any changes must be formulated in consultation with all key stakeholders.

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