Why Draft Advocates (Amendment) Bill

THE recent introduction and withdrawal of the Advocates (Amendment) Bill, 2025 came as a bitter pill for the government.

- HARIS B

THE recent introduction and withdrawal of the Advocates (Amendment) Bill, 2025 came as a bitter pill for the government. It had several provisions that raised concerns within the legal community on the potential curtailment of adocates' freedoms and the autonomy of legal institutions. The draft bill was also seen as an attempt to erode the freedom of the judiciary.

Let's examine the proposed amendments.

Govt nominees in BCI

One of the most contentious provisions was the introduction of Section 4(1)(d), which permits the Central government to nominate up to three members to the Bar Council of India (BCI). The BCI opposed it, arguing that it has historically functioned as a democratically elected body representing 27 lakh advocates. Since government appointees would seriously alter the independent character of the legal profession, the BCI rightly requested the complete deletion of the provision.

Foreign lawyer regulation

The draft bill proposed transferring the regulatory authority over foreign lawyers and law firms from the BCI to the Central government. It aimed to override BCI's 2022 regulations, which had established a framework for foreign legal entities, requiring BCI oversight with Central government approval. The legal fraternity feels that the Centre taking over the oversight role could lead to uncertainty regarding compliance and regulatory enforcement.

Govt directions to BCI

Section 49B of the proposed bill grants the Central government the power to issue binding directions to the BCI. Such a provision is unprecedented and could allow government intervention in the Bar Council's decisions, affecting disciplinary proceedings, enrollment policies, and legal education governance. The BCI demanded the deletion of this section.

Enrollment, eligibility and fees