Mandi lawyers rally against proposed Advocates Amendment Bill, call it threat to legal profession’s autonomy

MANDI: Advocates from the Bar Association Mandi marched through Mandi town of Himachal Pradesh on Tuesday (February 25, 2025), protesting the proposed Advocates (Amendment) Bill, 2025.

The march, led by Bar Association president Dinesh Saklani, culminated in the submission of a memorandum to the central government through Mandi Deputy Commissioner Apoorv Devgan.

Dinesh Saklani emphasised the potential threats posed by the bill to the profession’s autonomy. He stated, “This proposed legislation undermines the self-regulatory framework that is the cornerstone of our legal system. We cannot allow external influences to compromise our independence.”

Bar Association general secretary Ankur Deep highlighted concerns over specific provisions. “The inclusion of government nominees in the Bar Council of India is alarming. It opens doors to potential biases and conflicts of interest,” he remarked.

Senior advocate Alaknanda Handa criticised the bill’s stance on protests, noting, “Prohibiting strikes and boycotts is a direct attack on our right to dissent. Such measures are draconian and suppress the voices of those seeking justice.”

Echoing these sentiments, senior advocate Desh Raj said, “This bill not only curtails our freedoms but also sets a dangerous precedent for governmental overreach into independent institutions.”

Bill proposes significant changes to Advocates Act

The Advocates (Amendment) Bill, 2025, proposes several significant changes to the Advocates Act, 1961, aiming to modernise the legal profession in India. Key proposed amendments include:

• Expansion of legal practitioner definition: The bill seeks to broaden the term “legal practitioner” to encompass corporate lawyers, in-house counsels, and legal professionals in both private and public sectors, including foreign law firms.

• Mandatory Bar Association registration: A new provision requires advocates to register with a Bar Association where they primarily practice. Any change in practice location or area must be reported within 30 days, with voting rights limited to one association per advocate.

• Prohibition of strikes: The introduction of Section 35A aims to ban advocates and Bar Associations from engaging in strikes or boycotts that disrupt court proceedings. Violations would be deemed professional misconduct, subject to disciplinary action. However, symbolic or one-day protests are permitted if they do not interfere with court operations.

• Regulation of foreign law firms: The proposed changes could establish a regulatory framework allowing foreign law firms to operate in India.

• Nomination of members to the Bar Council of India (BCI): The central government would have the authority to nominate up to three members to the BCI, in addition to existing members like the Attorney General and Solicitor General.

• Introduction of advisory and regulatory bodies: The BCI would establish an Advisory Board to oversee legal education, research and the profession. Recognition of Bar Associations at various levels is also proposed, along with periodic verification of advocates’ credentials and qualifications.

• Changes in legal education and bar examination: The bill proposes reforms to modernise legal education and introduce a mandatory Bar Examination for aspiring advocates.

• Women’s representation: The bill mandates at least two women members in the BCI, co-opted from eminent female advocates, promoting greater gender representation in legal institutions.

Munish Sood(Mandi)