Advocates (Amendment) Bill, 2025

Why in news:- February 22, the Centre withdrew the contentious Advocates(Amendment) Bill, 2025, stating that a revised version incorporating public feedback will be introduced.

About

• This bill aims to amend Advocates act 1961.
• Bill faced opposition from Bar association of India. They advocated that this bill threatens the autonomy and independence of the bar.

Point of Contention

• Section 35-A prohibits the advocates and bar associations from abstaining from court work. This section aims to ban strikes and boycotts by lawyers, citing their disruptive impact on judicial proceedings.
• The proposed law grants the Central Government the authority to nominate up to three members to the Bar Council of India (BCI), in addition to its existing members, which include the Attorney General, the Solicitor General, and representatives from State Bar Councils. However, the BCI has strongly opposed this provision, describing it as “draconian” and “arbitrarily inserted.”

• The Bill introduces Section 49B, granting the Central Government the power to issue binding directions to the Bar Council of India (BCI), set eligibility criteria for bar council members, and regulate the BCI’s oversight of State Bar Councils.

Expansionary Powers

• The amendments significantly expand the Bar Council of India (BCI)‘s authority, potentially making State Bar Councils redundant. Traditionally, misconduct complaints against advocates are handled by the disciplinary committees of State Bar Councils. However, Section 45B now empowers the BCI to hear complaints nationwide and suspend advocates at its discretion. Additionally, Section 48B grants the BCI the authority to dissolve a State Bar Council and replace it with a committee if it deems the council ineffective.

Key Difference: