Quick retreat
WIDESPREAD protests by lawyers and objections by the Bar Council of India have prompted the Central Government to withdraw the draft Advocates (Amendment) Bill, 2025. The draft Bill was put in the public domain on February 13 for comments and feedback, but a severe backlash has brought the exercise to an abrupt end. It is back to the drawing board for the government, which has decided to review and revise the proposed legislation in consultation with various stakeholders.
Perhaps the most contentious provision pertains to the ‘prohibition’ of strikes. The participation of advocates and Bar associations in strikes or boycotts that disrupt court proceedings will be regarded as professional misconduct, subject to disciplinary action. Symbolic or one-day protests are permitted, only if they do not interfere with court operations. Staging a peaceful protest is a democratic right of every Indian citizen, and imposing curbs on lawyers can only be counter-productive. However, the onus is on Bar bodies to ensure that such strikes are not held on flimsy grounds. Another provision seeks to expand the definition of a ‘legal practitioner’, bringing under its ambit law graduates doing legal work in any private or public organisation, including domestic as well as foreign law firms and corporate entities. This is an attempt to take the legal practice beyond the court-oriented framework, factoring in contemporary realities of the profession. There is a need to allay the concerns of lawyers, who are fearing that their pre-eminent position will be undermined by this reform.
It is laudable that the government is keen to make the legal profession fair, transparent and accessible to all. But this process should be conducted slowly and judiciously. The withdrawal of the draft Bill is itself an admission that it has flaws. In a refreshing change, the Centre has taken corrective action without any delay, something it had not done in the case of the three farm laws, which were repealed only after an agitation that lasted a whole year.
