In a significant move to reform and modernize the legal profession in India, the Government of India has proposed amendments to the Advocates Act, 1961. The Department of Legal Affairs has introduced the Advocates (Amendment) Bill, 2025, intending to enhance transparency, accountability, and efficiency in legal practice and education. The proposed amendments align with global best practices and aim to address contemporary challenges faced by the legal community.
Key Features of the Proposed Amendments
1) Enhancing Legal Education Standards:
Establishment of an Advisory Board under the Bar Council of India (BCI) to oversee legal education, research, and professional development.Introduction of a Bar Examination framework, including the All-India Bar Examination (AIBE), for both enrollment and continuance in legal practice.Recognition and regulation of Centers of Legal Education to maintain uniformity and quality in law education.
2) Strengthening Regulation and Governance:
Revised definitions of Legal Practitioners to include those working in courts, tribunals, law firms, corporate entities, and autonomous bodies.Mandatory verification of educational certificates for advocates to curb fraudulent enrollments.Creation of Special Public Grievance Redressal Committees to address complaints of corruption and misconduct in bar councils.
3) Electoral and Administrative Reforms:
Disqualification of convicted advocates from voting in bar council elections.Introduction of electronic record-keeping for advocates by State Bar Councils for transparency.Regulation of Bar Associations and mandatory registration of advocates with associations where they practice.
4) Disciplinary and Ethical Standards:
Prohibition on court boycotts and strikes that obstruct judicial proceedings.Provisions for stricter disciplinary action, including fines and suspensions, for misconduct.Empowering the Bar Council of India to conduct pre-and post-enrollment training programs for law graduates.
5) Recognition of Foreign Law Qualifications:
The Bill provides a framework for the recognition of foreign law degrees and the regulation of foreign law firms and lawyers practicing in India.
6) Welfare and Legal Aid Initiatives:
Establishment of welfare funds for indigent and disabled advocates.Strengthening of legal aid and awareness programs for marginalized communities.
Public Consultation and Submission of Feedback
The Department of Legal Affairs has invited comments and feedback from stakeholders, legal professionals, and the general public. Interested individuals can submit their suggestions via email to [email protected] and [email protected] by February 28, 2025.
The draft Bill and a comparative table of existing and proposed amendments can be accessed on the Department of Legal Affairs website at https://legalaffairs.gov.in/.
The proposed changes signal a major step towards modernizing India’s legal framework, ensuring better regulation, ethical standards, and enhanced public trust in the legal profession. Legal experts and practitioners are encouraged to participate in the consultation process to contribute to a more robust and efficient legal system.
