Government withdraws amendments to Advocates Act for consultation, revision

In light of numerous suggestions and concerns followed by nationwide protests from the legal fraternity and objections from the Bar Council of India the Ministry of Law and Judiciary has decided to conclude the consultation process and reprocess the revised draft of the Advocates Act Amendment Bill 2025 for further consultationmidday had in its article titledmdashAmendment may restrict affordable legal supportmdashdated February 21 highlighted the concern raised by experts about the new Bill stating that it could affect undertrials and those who canrsquot afford legal aid the mostGovernment withdraws amendmentsThe amendments to the Bill have been withdrawn by the government for further consultation and revision The proposed legislation had faced intense scrutiny from advocates bar associations and legal scholars who contended that several provisions posed a direct threat to the independence of the legal profession and access to justiceldquoFollowing extensive deliberations with the Bar Council of India BCI and senior legal professionals the government has conceded that such executive control over the BCI must be reconsidered The decision to withdraw the Bill for further revisions marks a significant assertion of professional selfregulation and reinforces the importance of an independent legal system insulated from political influencerdquo explained Mohini Priya advocate on record Supreme CourtExecutive overreach and professional autonomyOne of the most contentious provisions of the Bill was Section 49B which sought to grant the Centre the authority to issue binding directives to the BCI The legal fraternity vehemently opposed this provision on the grounds that it would enable excessive governmental interference in the regulatory functions of the BCI thereby undermining the independence of the Bar The ability to direct enrollment disciplinary actions and legal education policies through executive mandate would have set a dangerous precedent potentially eroding the autonomy of legal professionals and impinging upon the constitutional principle of separation of powersImpact on access to justiceThe proposed Bill also contained provisions that sought to centralise control over legal fee structures and case allocations Critics argued that such measures would have disproportionately impacted marginalised litigants and undertrials by restricting their ability to access affordable legal representation ldquoAny regulatory framework that imposes rigid control over advocatesrsquo professional engagements risks exacerbating the socioeconomic barriers to justice further marginalizing vulnerable communitiesrdquo said advocate MohiniImpact on legal education and career progressionFrom an educational standpoint the Bill lacked clarity regarding the recognition of foreign legal degrees and preenrollment examination requirements The absence of defined eligibility criteria for foreign law graduates created uncertainty potentially deterring Indian students from pursuing legal education abroad Furthermore it failed to address crucial aspects of legal training such as structured mentorship programs internship opportunities and career advancement mechanisms for young lawyers advocate Mohini addedOmission of advocate protection provisionsA critical shortcoming of the Bill was its failure to incorporate provisions for the protection of advocates Given the increasing incidents of violence harassment and intimidation faced by legal practitioners in the course of their professional duties the demand for an Advocates Protection Act has been growing The government has now assured that the revised draft will incorporate necessary measures to enhance the safety and security of advocatesFuture course and legislative safeguardsThe decision to withdraw and revise the Bill underscores the significance of meaningful stakeholder engagement in the legislative process Moving forward it is imperative that any amendments to the Advocates Act uphold the principles of professional independence judicial integrity and access to justiceldquoThis development serves as a testament to the strength of collective advocacy in preserving the foundational values of the legal profession As discussions progress legal practitioners across the country must continue to assert their role as guardians of democratic institutions resisting any legislative measures that may compromise the autonomy of the Bar or the integrity of the judicial systemrdquo advocate Mohini further saidThis is a classic case of the government upholding democratic principles and engaging with stakeholders for the larger good of the society and with a view to maintaining transparency of the system said Advocate Floyd Gracias Constitutional Expert and counsel Supreme CourtldquoThis has been a welcomed move and we hope that the larger concerns of the legal fraternity are duly considered while the fresh draft is being preparedrdquo he explainedInterim reliefBased on the suggestions and feedback received from the stakeholders a revised Bill will be prepared and shared with the stakeholders for reconsultation This move by the government has given some interim relief to the stakeholders and demonstrates its commitment to transparency inclusivity and collaborationldquoWe hope that the key issues in the present 1961 Act and the flaws and loopholes of the initial amendment bill are properly addressed after taking a holistic approach addressing the needs and concerns of the broader populationrdquo said Solicitor Stuti GaliyaThe Bill was made available for public consultation on February 13 on the website of the Department of Legal Affairs demonstrating the governmentrsquos commitment to transparency and broader engagement with stakeholders and the publicBCI welcomes decisionThe Bar Council of India welcomed the decision to revise the Advocates Amendment Bill 2025 ldquoThe Bar Council of India recognises and appreciates the proactive stance of the government which has taken serious note of the concern of the advocates across the country The BCI assures all advocates that their rights privileges and professional independence remain its top priority and will continue to safeguard the interests of the legal community with utmost vigilancerdquo stated Manan Kumar Mishra senior advocate Supreme Court of India and chairman Bar Council of India