The Union government has proposed an amendment to the Advocates Act, 1961, which, among other provisions, seeks to prohibit advocates from boycotting or abstaining from court work, while also allowing the nomination of three members by the central government to the Bar Council of India.
The draft Advocates (Amendment) Bill, 2025, was published by the Ministry of Law and Justice on Thursday, with the government inviting comments on the proposal until February 28, The Indian Express reported.
One of the key provisions in the draft amendment is the introduction of Section 35A, which explicitly states that no association of advocates or any individual lawyer shall call for a boycott or abstinence from court work, nor shall they participate in any form of obstruction within court premises.
The provision further categorises any violation of this restriction as professional misconduct, making the concerned advocate liable for disciplinary action under the Act and its associated regulations. However, the amendment does provide an exception, allowing advocates to participate in symbolic or one-day token strikes, provided they do not disrupt court proceedings or violate the rights of clients.
Strikes aimed at highlighting concerns related to professional conduct, working conditions, or administrative matters will be permissible as long as they do not impede the administration of justice.
Another significant change in the draft amendment pertains to the composition of the Bar Council of India, as Section 4 of the Act is proposed to be amended to allow the central government to nominate up to three members to the council.
Currently, the council comprises the Attorney General of India, the Solicitor General, and one member elected from each State Bar Council. The amendment proposes the addition of Clause (d), which would provide for the nomination of three members by the central government.
In addition to these changes, the draft bill introduces Section 49B, which empowers the central government to issue directives to the Bar Council of India, allowing it to ensure the execution of provisions outlined in the Act or any related rules and orders.
Furthermore, the proposed amendment seeks to tighten the eligibility criteria for enrolment as an advocate, as it prevents State Bar Councils from enrolling any individual convicted of an offence carrying a punishment of three years or more.
Additionally, if an enrolled advocate is convicted and sentenced to three years or more, their name will be removed from the state roll upon confirmation of the conviction by the High Court or Supreme Court.
The draft amendment also expands the definitions of a law graduate and a legal practitioner, as the term "law graduate" is redefined to include individuals who have completed a three-year or five-year law degree from a university, legal education centre, or an affiliated college recognised by the Bar Council of India.
Meanwhile, the definition of "legal practitioner" is broadened to encompass corporate lawyers and individuals employed by foreign law firms.
The amendment further proposes stricter penalties for unauthorised legal practice, increasing the punishment from six months imprisonment to one year, along with a fine of up to ₹2 lakh.