Advocates (Amendment) Bill 2025: A Comprehensive Analysis & BCI’s Perspective

Introduction

The Advocates Act of 1961 governs the legal profession in India, aiming to maintain high standards and protect the rights of advocates. The government recently introduced The Advocates (Amendment) Bill 2025 to modernize the Act and address contemporary challenges. However, the Bill has sparked significant debate, with the Bar Council of India (BCI) raising strong objections.

This article delves into the key amendments proposed by the Bill and analyzes the BCI’s concerns.

Key Amendments Proposed

The Bill proposes several key amendments, categorized and explained below:

1. New Definitions (Section 2)

• “Advisory Board” means a Board of Advisors constituted by the Bar Council of India for the development of legal education, legal research, and the legal profession.  
• “Bar Examination” means any examination or test, including the All-India Bar Examination, prescribed by the Bar Council of India for the enrollment of a law graduate as an advocate.
• “Center of Legal Education” means an institution recognized by the Bar Council of India imparting education exclusively in the field of law.
• “Law Graduate” means a person who has obtained a bachelor’s degree in law from any Center of Legal Education or University recognized by the Bar Council of India.
• “Legal Practitioner” means any advocate or law graduate engaged in the practice of law.  

2. Restructuring of Bar Councils (Sections 3 & 4)

• The Bill proposes changes in the composition of State Bar Councils, including the addition of new states and the co-option of two women members.  
• The Bar Council of India will have up to three members nominated by the Central Government.  
• The Bill introduces disqualification criteria for advocates contesting Bar Council elections, including those facing trial or disciplinary proceedings.  

3. Regulation of Foreign Lawyers and Law Firms (Sections 7 & 49A)

• The Bar Council of India is empowered to verify the authenticity of educational certificates and degrees of advocates, including those obtained from foreign universities.  
• The Bill introduces provisions for the Bar Council of India to recognize and regulate foreign law firms and foreign lawyers in India.  

4. Disciplinary Committees (Sections 9B, 35, & 36)

• The Bill proposes the constitution of a Special Public Grievance Redressal Committee to inquire into complaints against members of the Bar Council of India.  
• The Bill empowers disciplinary committees to impose fines and costs in cases of misconduct.  
• The Bill also introduces provisions for the suspension of advocates in cases of serious complaints.  

5. Advocates’ Right to Practice (Section 30)

• The Bill clarifies the right of advocates to practice in all courts, tribunals, and other authorities where they are entitled to practice under any law.  

BCI’s Objections

The BCI has expressed strong opposition to several aspects of the Bill, including:

• Government Interference: The BCI objects to the government’s involvement in the Bar Council of India through nominated members and the power to issue directions, arguing that this compromises its autonomy.  
• Enrollment Fee Structure: The BCI objects to the Central Government’s control over enrollment fees, asserting that this should be under the purview of the Bar Councils.  
• Definition of “Legal Practitioner”: The BCI disagrees with the diluted definition, arguing that it creates loopholes and may allow unregulated legal practice.  
• Punishments and Penalties: The BCI objects to the proposed fine structure for misconduct, arguing that it is unjust and disproportionately affects young lawyers.  
• Curtailment of Protest Rights: The Bill prohibits strikes and boycotts by advocates, which the BCI argues infringes upon their fundamental rights.  

Conclusion

The Advocates (Amendment) Bill 2025 aims to modernize the legal framework in India. However, the BCI’s objections highlight critical concerns regarding autonomy, transparency, and the rights of advocates. It remains to be seen how the government will address these concerns and whether a balance can be struck between modernizing the legal profession and safeguarding the interests of advocates.

Written and Edited by Adv. Atul Kumar