The Bar Council of India (BCI) has voiced strong objections to the Draft Advocates (Amendment) Bill, 2025, asserting that certain provisions threaten the autonomy and independence of the legal profession. In a letter to the Union Law Ministry, the BCI highlighted concerns over unilateral changes made to the draft without prior consultation.
Key Concerns Raised by the BCI:
Government Nominees in BCI: The draft bill proposes allowing the Central Government to nominate up to three members to the BCI. The BCI contends that this move could compromise its democratic structure and autonomy.
Regulation of Foreign Lawyers and Law Firms: The bill suggests shifting the regulatory authority over foreign legal entities from the BCI to the Central Government. The BCI argues that this change contradicts existing frameworks and could undermine its regulatory powers.
Central Government's Directive Power: A provision granting the Central Government authority to issue binding directions to the BCI has been criticized for potentially undermining the council's self-regulatory nature.
Enrollment Fee Structure: The proposed changes would place the determination of enrollment fees under government control, which the BCI fears could lead to arbitrary adjustments and affect new advocates.
Definition of "Legal Practitioner": The BCI emphasizes the need for a comprehensive definition to ensure all individuals practicing law are appropriately regulated.
The BCI has warned that if these "draconian provisions" are not amended or removed, it could lead to nationwide protests among the legal community. Lawyers across the country have expressed agitation over the proposed changes, with some already abstaining from work in protest.
The Union Law Ministry had released the draft bill on February 13, 2025, seeking public feedback. The BCI's objections underscore the importance of maintaining the legal profession's autonomy and ensuring that any amendments are made in consultation with relevant stakeholders.