The Draft Advocates (Amendment) Bill, 2026 represents the most comprehensive overhaul of the Advocates Act, 1961 in decades. Its principal objectives are:
- Modernizing legal education through expanded institutional oversight and continuing professional development.
- Enhancing advocates’ welfare via statutory welfare funds, insurance, pensions, and medical assistance.
- Recognizing Indian law firms as statutory entities under the Act.
- Regulating foreign lawyers through a structured, reciprocity-based framework while preserving the exclusive right to practice Indian law for Indian advocates.
- Improving governance of Bar Councils through enhanced representation, particularly of women advocates, and specialized Election Tribunals.
- Strengthening professional regulation with verification of practice, revised enrollment provisions, and more robust disciplinary mechanisms.
Overall, the draft reflects an attempt to align the legal profession with contemporary institutional and professional needs while retaining the Bar Council’s central role in regulating legal practice in India.
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Clause 1 – Short Title and Commencement
The amendment proposes that the Act will come into force on dates notified by the Central Government. Different provisions may be enforced on different dates, allowing phased implementation.
Clause 2 – Amendment to Section 2 (Definitions)
Several new definitions are introduced to reflect developments in the legal profession.
New Definitions
The Bill defines:
- Bar Examination
- Centre of Legal Education
- Foreign Lawyer
- Foreign Law
- Foreign Law Firm
- Indian Law Firm
- Legal Practitioner
- Legal Graduate
These definitions provide statutory recognition to concepts that were previously governed primarily through Bar Council rules or judicial decisions. The inclusion of “Indian Law Firm” is particularly significant as the Advocates Act currently contains no statutory recognition of law firms.
Clause 3 – Amendment to Section 3 (State Bar Councils)
This clause substantially restructures the composition of State Bar Councils.
Major Changes
- Additional Solicitor General of India included as ex-officio member.
- Representation of women advocates substantially increased.
- Number of elected members revised based on electorate.
- Women members may be elected or co-opted where necessary.
- Election through Single Transferable Vote.
Significance
This is one of the most important governance reforms in the draft because it attempts to improve gender representation and democratic participation.
Clause 4 – Amendment to Section 6 (Functions of State Bar Councils)
The functions of State Bar Councils are significantly expanded.
New Welfare Functions
State Bar Councils may establish welfare funds for:
- Insurance
- Medical relief
- Pension
- Professional development
- Disability assistance
- Support for advocates’ families
- Financial aid for indigent advocates
The amendment also authorizes creation of trusts for welfare activities.
Clause 5 – Amendment to Section 7 (Functions of Bar Council of India)
The powers of the BCI are considerably widened.
New Responsibilities
The BCI may:
- Establish National Legal Academy or Centres of Excellence.
- Promote Continuing Legal Education (CLE).
- Regulate foreign lawyers.
- Recognize foreign law degrees.
- Prescribe standards for legal education.
- Create welfare funds.
This transforms the BCI from primarily a regulatory body into a broader professional development institution.
Clause 6 – Amendment to Section 7A
The period for constituting committees is extended from six months to twelve months, providing greater administrative flexibility.
Clause 7 – Amendment to Section 10 (Legal Education Committee)
The Legal Education Committee is proposed to be significantly expanded.
New Composition
Members include:
- Former Supreme Court Judges
- Former Chief Justices
- Attorney General
- Solicitor General
- Vice-Chancellors
- UGC Chairman/Nominee
- Ministry of Law representatives
- Eminent academicians
This marks a shift towards greater institutional participation in legal education governance.
Clause 8 – Amendment to Section 11
Allows appointment of additional officers, including Joint Secretaries and academic experts, strengthening BCI’s administrative capacity.
Clause 9 – Amendment to Section 12
Companies are required to maintain true and fair accounts, and BCI may insist on special audits where financial irregularities are suspected.
Clause 10 – New Section 14A (Election Tribunal)
A completely new Election Tribunal framework is introduced.
Features
- Election disputes transferred from courts.
- Tribunal chaired by former Supreme Court or High Court judges.
- Tribunal decisions declared final.
- Time-bound disposal.
This seeks to provide a specialized mechanism for resolving Bar election disputes.
Clause 11 – Amendment to Section 15 (Rule-making Power)
The BCI may frame rules regarding:
- Continuing Professional Development
- Welfare funds
- Election procedures
- Appointment of officers
The amendment significantly enlarges the rule-making powers of the Council.
Clause 12 – Amendment to Section 16
The words “without payment of subscription” are replaced with “upon payment of such transfer fee as may be prescribed,” enabling regulation of transfer fees between State Bar Councils.
Clause 13 – New Section 19A
Introduces periodic verification of advocates.
The Bar Council will verify:
- Active legal practice
- Authenticity of enrolment
- Educational qualifications
This appears aimed at addressing concerns relating to fake degrees and inactive practitioners.
Clause 14 – Amendment to Section 24 (Enrollment)
Several important changes are proposed.
Major Changes
- Recognition of law degrees from approved institutions.
- Enrollment fee revised.
- Concessional fee for SC/ST and persons with benchmark disabilities.
- Central Government empowered to revise enrolment fees.
This modernizes enrollment provisions while incorporating affirmative measures.
Clause 15 – New Section 24C
An advocate convicted of offences involving moral turpitude or offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO) may have his or her name removed from the State Roll after due process.
Clause 16 – New Chapter IIA (Registration of Law Firms)
Perhaps the most transformative reform.
Features
- Statutory recognition of Indian law firms.
- Mandatory registration.
- Maintenance of a register.
- Regulation by BCI.
For the first time, law firms receive formal statutory recognition under the Advocates Act.
Clause 17 – Amendment to Section 35 (Disciplinary Proceedings)
The disciplinary mechanism is strengthened.
Key Changes
- Prima facie scrutiny before disciplinary proceedings.
- Complaints supported by documents.
- Timelines for disciplinary action.
This attempts to reduce frivolous complaints while improving efficiency.
Clause 18 – Amendment to Section 36B
The disciplinary committee’s disposal period is increased from one year to two years.
Clause 19 – Amendment to Section 42
Punishment for certain misconduct is enhanced by replacing “three years or fine or both” with “three years or fine or both.” The clause also aligns references with the Bharatiya Nyaya Sanhita, 2023 where applicable.
Clause 20 – New Section 47 (Foreign Lawyers)
One of the most debated provisions.
Regulatory Framework
Foreign lawyers may be permitted to:
- Practice foreign law.
- Participate in international arbitration.
- Advise on foreign legal matters.
However:
- They cannot practice Indian law.
- They cannot appear before Indian courts.
- Reciprocity is mandatory.
- Registration with BCI is compulsory.
- Central Government approval is required.
This codifies a controlled framework for foreign legal practice in India.
Clause 21 – Amendment to Section 48B
Empowers the Bar Council of India to constitute an interim committee where a State Bar Council is unable to function.
Clause 22 – Amendment to Section 49 (BCI Rule-making Powers)
The BCI receives expanded authority to frame rules concerning:
- Recognition of foreign degrees.
- Registration of foreign lawyers.
- Continuing legal education.
- Verification of educational certificates.
- Law firm regulation.
- Professional development.
- Foreign law practice.
This significantly enlarges the delegated legislative powers of the Bar Council.
Clause 23 – Amendment to Section 49(1)
Requires prior Central Government approval before certain rules relating to foreign lawyers are notified, indicating increased governmental oversight in this area.
Clause 24 – Repeal of Obsolete Provisions
The Bill proposes omission of several provisions that have become redundant, including references relating to former disciplinary structures and transitional provisions.
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