Advocates Amendment Bill 2025: Key Changes & Impact on Legal Practice

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The proposed Advocates (Amendment) Bill, 2025, has elicited significant criticism from the legal community, particularly the Bar Council of India (BCI). The BCI contends that several provisions within the draft bill threaten the autonomy and independence of the legal profession.

Key Concerns Raised by the BCI:

  1. Government Nominees in the BCI: The draft bill allows the Central Government to nominate up to three members to the BCI. The BCI argues that this move could compromise its democratic structure, transforming it from a self-regulating body into one influenced by government-appointed members.

  2. Central Government's Directive Authority: A provision granting the Central Government power to issue binding directions to the BCI has been labeled "unacceptable" by the council. They assert that this undermines the BCI's autonomy and contradicts the self-regulatory framework established for the legal profession.

  3. Regulation of Foreign Lawyers and Law Firms: The bill proposes shifting the regulatory authority over foreign legal practitioners from the BCI to the Central Government. The BCI contends that this contradicts the Supreme Court's judgment in the A.K. Balaji case, which assigned this responsibility to the BCI.

  4. Prohibition of Strikes and Boycotts: The introduction of strict prohibitions on strikes and boycotts by advocates, categorizing them as professional misconduct, has been met with strong opposition. The BCI views this as an infringement on the rights of lawyers to protest and express dissent.

  5. Enrollment Fee Structure and Eligibility: Changes allowing the Central Government to determine enrollment fees and criteria for advocates are seen as undermining the BCI's authority. The council fears this could lead to arbitrary fee structures and confusion regarding eligibility for enrollment.

In response to these concerns, the BCI has urged the Law Ministry to reconsider and amend the contentious provisions. They warn that failure to address these issues could lead to nationwide protests by the legal fraternity, emphasizing the gravity of the situation and the potential impact on the profession's independence. 


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