The Government of India has introduced the Advocates (Amendment) Bill, 2025, proposing substantial reforms to the legal profession through amendments to the Advocates Act, 1961. The bill aims to improve legal education, promote ethical practice, reinforce disciplinary frameworks, and align the Indian legal system with international standards. A draft of the bill has been published for public consultation, inviting input from stakeholders.
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Let’s continue with the provisions, challenges, and impact of these proposed amendments (which have been shelved for now due to protests from law professionals).
The Advocates (Amendment) Bill, 2025: Provisions
Focus on Strengthening Law Education
- Formation of a Bar Council of India (BCI) Advisory Board to oversee advancements in legal education, research, and the legal profession
- Accreditation of Legal Education Centers to ensure law schools comply with established standards.
- Requirement of compulsory entrance tests for admission into both undergraduate and postgraduate law studies
- Regular verification of advocates’ academic credentials to curb fraudulent entries into the legal profession
- Acceptance of international law degrees for practice in India, provided specific criteria are met.
Reforms in Enrollment and Practice of Law
- Passing the All-India Bar Examination (AIBE) or an equivalent BCI-mandated test is a requirement for initial registration as an advocate and continuing to practice law.
- Expansion of the term’ legal practitioner’ to encompass advocates employed within corporations, statutory organisations, and foreign law firms
- Issuance of a verification certificate by State Bar Councils following periodic assessment and confirmation of an advocate’s credentials and place of practice
- Compulsory membership in a recognised bar association for all advocates
Electoral and Structural Changes in Bar Councils
- Establishment of specific eligibility and disqualification standards for voting in and contesting Bar Council elections
- Prohibition preventing advocates convicted of offences punishable by at least three years imprisonment from serving as Bar Council members
- Appointment of three individuals nominated by the Union Government to the Bar Council of India
- The Bar Council of India (BCI) must include at least two female members chosen from the ranks of senior women advocates.
- Formation of new Bar Councils corresponding to recently established states and UTs
Disciplinary Reforms and Ethical Standards
- Enhanced penalties for professional misconduct, including fines up to Rs. 3 Lakh and suspension from legal practice
- Firm restrictions on strikes and boycotts by advocates where offenders can face disciplinary measures
- Public Grievance Redressal Committee to address complaints against corrupt practices by Bar Council members
- Ban on fraudulent legal practices without proper enrollment.
Improved Access to Justice
- Legal support and assistance for marginalised communities, including SC, ST, OBC, women, persons with disabilities, and disaster-affected individuals
- Provision of welfare schemes and financial aid for advocates in need.
- Compulsory ongoing legal education ensures advocates stay informed about developments in the legal field.
- Monitoring and regulation of law firms and foreign lawyers, including the entry of international law firms into India
Faster and Transparent Disciplinary Process
- All disciplinary cases must be concluded within a two-year timeframe.
- Matters will be escalated to the Bar Council of India if State Bar Councils fail to act.
- Introducing penalties for false or frivolous complaints safeguards advocates from unfounded accusations.
Challenges
The Advocates (Amendment) Bill, 2025 also raises several concerns that pose a challenge to implementing it with full consensus, including;
- Restrictions on advocates’ rights and interference of the Union Government in the Bar Council of India
- Disruptions of judicial proceedings
- Impact on marginalised communities
- Practical challenges while implementing (education, training, and enforcement)
Impact
- Enhanced professionalism in the law profession and better delivery of services
- Better regulation of legal education
- Transparency and accountability in the law profession, Bar Council and State Bar Council functionary
- Protection against fake advocates, frivolous cases, and false cases/claims
- Stronger discipline in the system from law education to the law profession
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Conclusion
Pursuing a BA LLB (Hons) at Chanakya University places students at the forefront of a transforming legal landscape. The Advocates (Amendment) Bill 2025 aims to modernise India’s legal profession, raise ethical standards, and promote greater transparency and accountability in legal practice. While the bill enforces stricter regulations, it also enhances protections and welfare measures for advocates—creating a more professional and globally competitive environment.
With the government inviting feedback from stakeholders until 28th February 2025, this is a pivotal moment for aspiring legal professionals to engage with and shape the future of law in India.