In a significant move, the Coordination Committee declared a one-day abstinence from work in all District Courts of Delhi on February 17, 2025, to protest against the proposed Advocate Amendment Bill 2025.
Legal professionals have voiced concerns that the bill is unjust and biased, calling for its immediate review. Deepak Sharma, the Honorary Secretary of DBA, urges all advocates to unite and protect the dignity and autonomy of the legal fraternity. This decision highlights the growing resistance within the legal community to the controversial amendments. Stay tuned for updates.
Justice V R Krishna Iyer once famously stated, “The law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession.” Unfortunately, this wisdom seems to have been overlooked by those proposing significant amendments to The Advocates Act, 1961. While the Act has regulated the conduct of legal practitioners for over sixty years, the proposed changes—though well-meaning in certain respects—raise serious concerns about the autonomy of the bar and the future of justice delivery in a rapidly changing society.
Read More: Centre Invites Comments On The Draft Of Advocates (Amendment) Bill 2025
The Background
The Advocates Act, 1961, was introduced to consolidate and reform the laws governing legal practitioners, as well as to establish the Bar Council of India (BCI) and state bar councils. Over time, the Act has been the cornerstone of professional ethics, conduct, and self-regulation for advocates. However, with substantial shifts in the legal landscape since 1961, many argue that changes to the Act are long overdue. The real question, though, is whether these changes are timely, adequate, and practical. Several factions of the legal community have already expressed their opposition to the proposed amendments, with some announcing a one-day strike and boycott of court proceedings. Ironically, the proposed amendments themselves would restrict lawyers from going on strike, provided their actions do not hinder the functioning of the courts.
Proposed Amendments In Advocate Amendment Bill 2025: Reason For Protest
Registration with Bar Associations
One of the key proposals mandates that all advocates must be members of the bar associations where they practice. However, many courts feature multiple bar associations, and the amendments fail to address this complexity. For example, the Bombay High Court has both the Western India Advocates Association and the Bombay Bar Association, representing different lawyer factions from the appellate and original sides of the court.
Diversity and Inclusion
The amendments also introduce measures aimed at fostering diversity and inclusion, such as reserving seats for women and marginalized groups in bar council elections and committees. This is a long-needed step to correct the legal profession’s historical domination by privileged groups. However, whether these changes will result in genuine representation or remain symbolic remains to be seen.
Strengthened Disciplinary Powers for the BCI
The amendments propose to expand the disciplinary authority of the BCI, granting it the power to suspend or disbar advocates for professional misconduct. While accountability is crucial, there is a fine line between regulation and overreach. The concern remains whether these powers will be exercised with fairness or be used to suppress dissent and undermine the independence of the bar. Moreover, the amendments also stipulate that obstructing court proceedings could lead to disbarment. Given the often tense relationship between the bar and the bench, there is worry that this power could be misused if solely under the control of judges.
