The Bar Council of India (BCI) on Wednesday urged Law Minister Arjun Ram Meghwal to reassess key provisions in the proposed amendment to the Advocates Act, 1961, warning that they could threaten the council’s autonomy.
Last week, the Law Ministry released the draft Advocates (Amendment) Bill, 2025, inviting public suggestions and objections.
In the letter, BCI chairperson Manan Kumar Mishra stated that two rounds of talks had taken place between the Council and Ministry officials, leading to an “apparent consensus” on major issues. However, the draft released deviated from the terms that had been agreed upon.
Mishra, wrote: “The very concept of autonomy and independence of the Bar is attempted to be demolished by this draft. Lawyers throughout the country are agitated, strong protest is bound to occur. If such deliberate and draconian provisions are not omitted/amended immediately. The Lawyers of Delhi District Courts have already gone on strike and this protest is likely to spread throughout the country if no positive assurance from the Ministry is made soon.”
The BCI has raised concerns over provisions that would increase government influence over the Council, particularly the proposal to appoint up to three government nominees to the BCI.
“This provision is fundamentally opposed to the structure and independence of the Bar Council, which has always been a democratically elected body representing the 27 lakh advocates of the country… Allowing government-nominated members would compromise the autonomy of the Bar Council, turning it into a government-regulated body rather than a self-regulating professional body,” he wrote, adding that the move would invite protests across the country.
The draft also introduces a provision granting the Central government the authority to issue directions to the BCI, a move that Mishra argued is “not only contrary to the spirit of the Advocates Act but also unconstitutional.”
Mishra also highlighted that the amendment would allow the government to regulate foreign lawyers and law firms, a matter he asserted falls under the BCI’s jurisdiction.
“The A.K. Balaji judgment clearly placed the responsibility of regulating foreign law firms and lawyers on Bar Council of India. The Bar Council’s 2022 Regulations already provide a comprehensive framework for their entry, with ample safeguards and the requirement of Central Government approval. The Ministry’s draft, however, proposes to shift this regulatory authority to the Central Government,” he wrote.
