Government Proposes Prohibition On Advocate Strikes; Invites Public Comments On 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.

The Advocates Act, 1961, originally enacted to regulate the legal profession and establish the Bar Council of India (BCI) and State Bar Councils, is set to undergo significant reforms. The proposed amendments aim to enhance legal education, professional standards, and access to justice while aligning India's legal framework with global best practices.

"In its continuous effort to strengthen the legal framework in India, the Government of India is proposing to amend the Advocates Act, 1961. The original Act was introduced in 1961 to regulate the legal profession, safeguard client interests, and elevate the professional standards of advocates. It established the Bar Council of India and State Bar Councils to oversee the conduct and discipline of lawyers across the country. As part of its ongoing commitment to reform, the Government has been introducing changes aimed at making the legal profession fair, transparent, and accessible to all. The Department of Legal Affairs is proposing to amend the Advocates Act, 1961 to address contemporary challenges and meet the needs of a growing nation," the press release reads.

According to the Department of Legal Affairs, the amendments will help lawyers meet the evolving demands of the legal profession and contribute to a just and equitable society. "These amendments aim to align the legal profession and legal education with global best practices. The reforms will focus on improving legal education, equipping lawyers to meet the demands of a rapidly changing world, and raising professional standards. The ultimate goal is to ensure that the legal profession contributes to the creation of a just and equitable society and developed nation," it reads.

The proposed amendment as per the Advocates (Amendment) Bill, 2025, along with a comparative table of existing provisions and proposed changes, is available for review on the official website of the Ministry. Stakeholders and the public are encouraged to submit their feedback via email to [email protected] and [email protected] by February 28, 2025.

One of the interesting amendments in the bill is the insertion of Section 35A—Prohibition on the boycotts or abstention from courts’ work.

(1) No association of advocates or any member of the association or any advocate, either individually or collectively, shall give a call for boycott or abstinence from courts’ work or boycott or abstain from courts’ work or cause obstruction in any from in court’s functioning or in court premises.

(2) Violation of clause (1) shall be treated as misconduct and shall be Section Existing Provision Proposed Amendments liable for disciplinary action as contemplated under the Act and Regulations.

Provided advocates may participate in a strike only when it does not impede the administration of justice, such as strikes intended to bring attention to legitimate concerns about professional conduct, working conditions, or administrative matters and may include symbolic or one-day token strikes, as long as they are conducted in a way that does not disrupt court proceedings or violate clients’ rights

Some of the other insertions are:

1. Section 33A: Registration of an Advocate with a Bar Association— (1) An advocate enrolled with the State Bar Council engaged in or intends to practice before a court, tribunal, or quasi-judicial forum or any authority shall get himself registered as a member of the Bar Association where he ordinarily practices or intends to practice law; (2) In case any advocate leaves one Bar Association and joins another by reason of change of place of practice or by reason of change of field of law, he shall intimate such change to the Bar Association of which he is a member within a period of thirty days; (3) No advocate shall exercise the right to vote in more than one Bar Association.

2. Section 45B—Liability for Misconduct in Certain Cases—If any person suffers loss either caused deliberately or by misconduct of the advocate, then such person may make a complaint of misconduct against the advocate under appropriate regulations as may be prescribed by the Bar Council of India for deciding the liability of the advocate.

3. 49B- Power of Central Government to give directions—The Central Government may give such directions to the Bar Council of India as may appear to the Central Government to be necessary for carrying into execution any of the provisions of this Act or of any rule or order made thereunder.