What was wrong with the Advocates Bill?
• 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.