Bar Council Of India Opposes Draft Of Advocates (Amendment) Bill 2025; Warns Of Nationwide Protests [Read Letter]

The Bar Council of India (BCI) has strongly opposed the proposed Advocates (Amendment) Bill, 2025, calling it a serious threat to the autonomy, dignity, and integrity of the legal profession.

In a detailed representation to Union Law Minister Arjun Ram Meghwal, BCI Chairman Manan Kumar Mishra has highlighted several provisions in the draft bill that could undermine the independence of the Bar Council and legal practitioners across the country.

Key Objections Raised by BCI

1. Government Nominees in the Bar Council

The insertion of Section 4(1)(d), which allows the Central Government to nominate three members to the Bar Council of India, has been termed a "draconian provision" by the BCI. Mishra emphasized that this move would compromise the self-regulatory nature of the Bar Council, turning it into a government-controlled body.

"The Bar Council has always been a democratically elected body representing 27 lakh advocates in India. This provision was never discussed in prior meetings and appears to be an arbitrary insertion. Lawyers across the country are agitated, and protests are bound to escalate if this clause is not removed," the representation stated.

2. Transfer of Regulatory Powers Over Foreign Law Firms to the Government

The BCI has also objected to the proposed shift of regulatory authority over foreign lawyers and law firms from the Bar Council to the Central Government. Citing the A.K. Balaji judgment, which affirmed BCI’s role in regulating foreign entities, the representation argued that this provision contradicts judicial precedent and creates unnecessary confusion.

"If the Bar Council of India regulates Indian lawyers, it should also regulate foreign lawyers. The Ministry’s draft proposes an unwarranted shift of power that must be rectified," the BCI stated.

3. Removal of Crucial Definitions and Welfare Provisions

Several important definitions and provisions proposed by the BCI, including “Non-Practicing Advocate,” “Serious Misconduct,” and “Serious Offence,” have been omitted from the draft bill. Additionally, proposed sections regarding welfare funds and fund transfers between State Bar Councils have also been removed. The BCI has demanded their immediate reinstatement.

4. Arbitrary Election Restrictions on Advocates

A newly introduced Section 3(5)(b) imposes restrictions on advocates contesting elections for State Bar Councils or the Bar Council of India if they have pending criminal trials or disciplinary proceedings. The BCI has strongly opposed this, stating that such a provision is arbitrary and prone to misuse.

"Any advocate falsely implicated in a case could be unfairly barred from contesting elections. This provision is highly problematic and must be deleted," the representation asserted.

Lawyers Begin Protests, Demand Immediate Action

The BCI has warned that lawyers across Delhi District Courts have already started strikes, and nationwide protests may escalate if their concerns are not addressed. The Council has sought an urgent meeting with the Law Minister to discuss these issues and prevent further unrest in the legal fraternity.

"The legal profession's independence is under attack. If these provisions are not removed or amended, strong protests are inevitable," the BCI cautioned.

Government Invites Public Comments on the Draft Of Advocates (Amendment) Bill, 2025

In a move to modernize the legal profession in India, the Government has proposed amendments to the Advocates Act, 1961, through the Advocates (Amendment) Bill, 2025. In a press release dated February 13, the Department of Legal Affairs has invited public comments on the draft legislation as part of its consultation process.