Centre Proposes Amendments to Advocates Act, 1961

On 13th February 2025, the Union government has proposed amendments to the Advocates Act, 1961, introducing new provisions to ban court boycotts, increase government-nominated members in the Bar Council of India (BCI), and expand legal education regulations.

Key Points

Ban on Strikes & Boycotts: A new Section 35A prohibits advocates from boycotting courts, abstaining from work, or disrupting proceedings, with violations considered misconduct. However, symbolic or one-day protests on professional concerns are allowed.
Government Nomination in BCI: The Centre can now nominate up to three members to the Bar Council of India, in addition to existing Attorney General, Solicitor General, and elected members.
Government Oversight on BCI: A proposed Section 49B grants the Central Government authority to issue directions to BCI, ensuring compliance with legal provisions.
Stricter Enrollment Rules: State Bar Councils cannot enroll individuals convicted of crimes with sentences of three years or more. Convicted advocates will also face automatic removal from the state roll upon High Court or Supreme Court confirmation.
Expanded Legal Definitions: The amendment broadens the definition of a law graduate and a legal practitioner, now including corporate lawyers and those working with foreign law firms.
Stronger Penalties for Illegal Practice: Unauthorized legal practice will now attract a one-year jail term (up from six months) and a fine up to ₹2 lakh.