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New Delhi: The Union Government on Saturday withdrew the draft Advocates (Amendment) Bill, 2025 for revision, in response to widespread protests from the legal community across India.
The decision comes after days of intense agitation by lawyers who criticised the proposed amendments as infringing upon their professional autonomy and rights.
The draft bill, published on February 13, 2025, by the Law Ministry, aimed to modernise the Advocates Act, 1961, by introducing reforms such as expanding the definition of "legal practitioner," regulating foreign law firms, and imposing stricter disciplinary measures on advocates.
However, several provisions sparked outrage among lawyers, particularly Section 35A, which sought to prohibit advocates and bar associations from calling for or participating in strikes or boycotts of court proceedings.
Violations of this clause were to be treated as professional misconduct, potentially leading to disciplinary action.
Another contentious proposal was the inclusion of up to three government-nominated members to the Bar Council of India (BCI), a move critics argued would undermine the council’s independence as a democratically elected body representing over 2.7 million advocates.
The draft also empowered the Central Government to regulate foreign lawyers and law firms, a responsibility previously entrusted to the BCI, further fueling concerns about governmental overreach.
The backlash began almost immediately after the bill’s release.
Lawyers in Delhi’s district courts abstained from work starting February 17, with the Coordination Committee of All District Court Bar Associations labeling the bill "unjust, unfair, and biased."
Protests quickly spread to other states, including Uttar Pradesh, where the Bar Council called for a statewide strike on February 25. In cities like Lucknow, Agra, and Kanpur, advocates staged marches, formed human chains, and submitted memoranda to local authorities demanding the bill’s withdrawal.
The Bar Council of India, led by Chairperson Manan Kumar Mishra, formally objected to the draft on February 19, warning that its provisions threatened to "demolish the autonomy and independence of the Bar."
Mishra, also a BJP Rajya Sabha MP, highlighted discrepancies between the draft and prior discussions with the Law Ministry, urging immediate amendments to avoid nationwide unrest.
The Congress party voiced its support for the protesters on February 20, with its Law, Human Rights, and RTI department condemning the bill as "poorly drafted" and a failure to address the legal fraternity’s core concerns.
Faced with mounting pressure, the BCI engaged in deliberations with Law Minister Arjun Ram Meghwal and senior ministry officials.
On February 20, the council reported a shift in the government’s stance, with assurances that contentious issues would be reviewed.
In a subsequent letter, the BCI urged lawyers to suspend protests, citing the ministry’s willingness to incorporate their recommendations.
However, protests persisted in some regions, prompting the government to announce the bill’s withdrawal for revision on February 22.
"The Ministry of Law and Justice has taken note of the legal community’s concerns and has decided to revisit the draft Advocates (Amendment) Bill, 2025, to ensure it aligns with the interests of the profession," an official statement is expected to confirm.
Legal experts suggest that the revised bill, once reintroduced, will likely undergo broader consultation with bar associations and the BCI to address the grievances raised. For now, the suspension of protests remains uncertain, with the BCI scheduling a meeting of all State Bar Councils on February 23 to determine the next course of action.