The Bar Council of India is against the proposed Advocates (Amendment) Bill 2025 and has warned of protests across the country.
The Bar Council of India (BCI) has firmly opposed the Advocates (Amendment) Bill, 2025, viewing it as a significant threat to the independence, dignity, and integrity of the legal profession. In a comprehensive letter to Union Law Minister Arjun Ram Meghwal, BCI Chairman Manan Kumar Mishra pointed out various aspects of the draft bill that could weaken the autonomy of the Bar Council and legal professionals nationwide.
Main Concerns from BCI
- Government Appointees in the Bar Council The addition of Section 4(1)(d), which permits the Central Government to appoint three members to the Bar Council of India, has been labeled a “harsh provision” by the BCI. Mishra stressed that this change would jeopardize the self-governing nature of the Bar Council, making it a government-controlled entity. “The Bar Council has always been a democratically elected organization representing 2.7 million advocates in India. This provision was never discussed in previous meetings and seems to be an arbitrary addition. Lawyers across the nation are upset, and protests will likely increase if this clause is not removed,” the letter stated.
- Shift of Regulatory Authority Over Foreign Law Firms to the Government The BCI has also raised concerns about the proposed transfer of regulatory power over foreign lawyers and law firms from the Bar Council to the Central Government. Referencing the A.K. Balaji ruling, which confirmed the BCI’s role in overseeing foreign entities, the letter argued that this provision contradicts established judicial decisions and causes unnecessary confusion. “If the Bar Council of India oversees Indian lawyers, it should also oversee foreign lawyers. The Ministry’s draft suggests an unjustified transfer of authority that needs to be corrected,” the BCI stated.
- Removal of Key Definitions and Welfare Measures Several key definitions and provisions suggested by the BCI, such as “Non-Practicing Advocate,” “Serious Misconduct,” and “Serious Offence,” have been left out of the draft bill. Also, sections related to welfare funds and transfers between State Bar Councils have been eliminated. The BCI has called for their immediate restoration.
- Unfair Election Restrictions on Advocates A new Section 3(5)(b) places restrictions on advocates running for elections in State Bar Councils or the Bar Council of India if they have ongoing criminal trials or disciplinary actions. The BCI has strongly criticized this, arguing that it is arbitrary and can be misused. An advocate wrongfully accused could be unjustly prevented from running for office. This rule is very concerning and should be removed, the representation stated.
The BCI has alerted that lawyers in Delhi District Courts have already begun strikes, and protests across the country may increase if their issues are not resolved. The Council has requested an urgent meeting with the Law Minister to address these matters and avoid further unrest in the legal community. “The independence of the legal profession is at risk. If these provisions are not changed or removed, significant protests are unavoidable,” the BCI warned.
The Indian Government is taking steps to update the legal profession by proposing changes to the Advocates Act of 1961 through the Advocates (Amendment) Bill, 2025. On February 13, the Department of Legal Affairs announced that it is seeking public feedback on the draft legislation as part of its consultation efforts. The press release stated that the Government aims to enhance the legal framework in India by amending the Advocates Act, which was originally established in 1961 to regulate the legal profession, protect client interests, and improve the standards of advocates. This Act created the Bar Council of India and State Bar Councils to manage lawyer conduct and discipline nationwide. The Government is committed to reforming the legal field to make it fair, transparent, and accessible. The proposed amendments are intended to tackle current challenges and support the needs of a growing nation.
The Department of Legal Affairs believes these changes will help lawyers adapt to the changing demands of their profession and promote a fair society. The amendments are designed to align legal practice and education with international standards. The focus will be on enhancing legal education, preparing lawyers for a fast-evolving world, and raising professional standards. The ultimate aim is to ensure that the legal profession plays a vital role in building a just and equitable society and a developed nation.
