The Advocates (Amendment) Bill, 2025- Detailed Analysis

• The Advocates Act, 1961 (ACT NO. 25 OF 1961)
• The Advocates (Amendment) Bill, 2025
  • The Purpose of the Bill
  • Proposed New Definitions
  • Proposed Amendment in Definitions
  • Other Proposed Major Amendments

The Advocate Act, 1961 (ACT NO. 25 OF 1961) –

The Act has been enacted as ‘An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar’. The Act was enacted to have a law relating to the professional perspective of the Advocate profession.

The Advocates (Amendment) Bill, 2025

Purpose of the Bill-

To ensure the effective regulation of the legal profession and to amend the provisions of the Advocates Act, 1961, with the aim of modernizing the administration of legal education and the legal profession in India. These amendments seek to address the evolving needs of the legal landscape, promote ethical practices, and enhance the transparency and accountability of the legal community. By streamlining procedures and introducing necessary reforms, the amendments will better equip legal professionals to meet contemporary challenges.

Proposed New Definitions-

• ‘Advisory Board’ means a Board of Advisors constituted by Bar Council of India for the Development of Legal Education, Legal Research and Legal Profession. [Section 2 (1)(aa)]
• ‘Bar Association’ means the association of Advocates registered with the State Bar Councils or Bar Council of India as the case may be, and includes such association at the level of Supreme Court, High Courts and district courts and below, tribunals and quasi-judicial forums. [Section 2 (1)(bb)]
• ‘Bar Examination’ means any examination or test including the All-India Bar Examination, prescribed by Bar Council of India for enrolment of a law graduate as an Advocate or for his continuance in ‘practice of law’ as an Advocate after his enrolment under the provisions of this Act. [Section 2 (1)(ee)]
• ‘Center of Legal Education’ means Institution recognized by Bar Council of India imparting education exclusively in the field of law. [Section 2 (1)(ff)]
• ‘Misconduct’ means an act or omission by an advocate which constitutes breach of or non-observation of the standards of conduct expected from an Advocate, prescribed by any regulation made by the Bar Council of India. [Section 2 (1)(ia)]
• ‘Verification Certificate’ means and includes periodic verification of certificates, place of practice and other details or credentials of the Advocates to be issued by the State Bar Councils as per Regulations prescribed by BCI. [Section 2 (1)(o)]

Other Proposed Major Amendments-

1. State Bar Council- [Section 3]

There shall be a Bar Council for each of the States of Andhra Pradesh, Bihar, Gujarat, Jharkhand, Madhya Pradesh and Chhattisgarh, Karnataka, Odisha, Rajasthan, Sikkim, Uttar Pradesh, Uttarakhand, Meghalaya, Manipur and Tripura, to be known as the Bar Council of that State; [Section 3(1)(a)]

Under the present provision, the Bar Council of Jammu and Kashmir and Telangana are there. After the Repeal of Article 370 of the Constitution of India, it was necessary to establish the Bar Councils as per the present arrangement but that has not been done. However, there shall be no Bar Council of Telangana.

A State Bar Council shall consist of the following members: In case of State Bar Council of Delhi, the Additional Solicitor General of India of Delhi High Court, ex-officio; in case of the State Bar Council of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General each of the State of Assam, Arunachal Pradesh, Mizoram and Nagaland, ex-officio; in case of State of Punjab and Haryana, the Advocate General of each State of Punjab and Haryana ex-officio and in case of any other State Bar Council the Advocate General of the said State, ex-officio; [Section 3(2)(a)]

As per the present Act in case of State Bar Council of Delhi, the Additional Solicitor General of India of Delhi High Court, ex-officio;

An electoral roll of eligible Advocates shall be prepared and revised from time to time by each State Bar Council as per regulations prescribed by Bar Council of India. [Section 3(5)]

Every election of the State Bar Council or Member of Bar Council of India shall be held in accordance with the provisions of the regulations made by Bar Council of India; and [Section 3(5)(a)]

nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of this Act, until that State Bar Council is reconstituted in accordance with the provision of this Act. [Section 3(5)(b)]

Provided that no Advocate/Legal Practitioner shall be entitled to be a member of any State Bar Council or Bar Council of India who is a convict or is facing trial in an offence of having minimum punishment prescribed is three years, with or without fine under any law for the time being in force or against whom a disciplinary proceeding is pending for a case of misconduct in any State Bar Council or in Bar Council of India or who has been punished for such misconduct.

Provided further that the Bar Council of India may permit any such Advocate/Legal Practitioner, to contest the election of State Bar Council or Bar Council of India, if it finds that the Advocate prima-facie appears to have been falsely implicated and/or no substantive case of “misconduct” is made out against such advocate.

This one is the newly introduced provision.

2. Bar Council of India- [Section 4]

not more than three members to be nominated by the Central Government. [Section 4(1)(d)]

To have two women members co-opted by the Council from amongst the eminent women advocates in addition to elected members. [Section 4(1B)]

These are newly introduced provisions which are related to the composition of BCI.

3. Functions of State Bar Council– [Section 6]

to admit persons as advocates on its roll, who are entitled to be enrolled as per the provisions of this Act and regulations made thereunder; [Section 6(1)(a)]

As per the present Act, it is only limited to admitting persons as advocates on its roll.

to prepare and maintain such roll including in electronic mode; [Section 6(1)(a)]

Under the present Act, there is no arrangement to have that in electronic mode.

to promote and ensure effective and transparent functioning of the Bar Associations under its jurisdiction as provided under clause (bb) of sub-section (1) of section 2, and to prescribe requisite norms for the purpose of this subsection and to provide effective welfare schemes for the members of such Bar Associations, subject to the regulations if any prescribed by Bar Council of India in this regard. [Section 6(1)(dd)]

This is the proposed substitution, presently the effective provision is- to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7.

Here it is very relevant to mention that the power of the State Bar Council to establish Law Libraries is being omitted by the proposed Bill which is presently under [Section 6(2)(c)]

A State Bar Council may for the Fund or Trust established under sub-section (2) of this section or otherwise seek financial assistance from the National Legal Services Authority of India or the State Legal Services Authority or any other Government Authority or Non– Government Organization for carrying out the purpose of this Act and may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited.- to the appropriate fund or funds constituted under that sub- section. [Section 6(3)]– Substituted Provision

4. Function of Bar Council of India- [Section 7]

to lay down standards of professional conduct and etiquette for advocates and to prescribe regulations as it may deem necessary. [Section 7(1)(b)]

Under the Present Act, there is no mention regarding regulation.

To verify the genuineness and authenticity of the educational certificates and degrees of advocates enrolled with various State Bar Councils, ensuring that no person with forged, fake, or unrecognized degrees is enrolled and practicing as an advocate/legal practitioner. [Section 7(1)(da)]

This is the new provision being introduced by this Bill, presently the provision of this proposed section is also operational through various Judgments of the Supreme Court and orders of the Bar Council of India and the State Bar Councils.

To prescribe, implement, and oversee a framework for the periodic verification and updating of the addresses, places of practice, and other credentials of advocates enrolled with the State Bar Councils in accordance with the Certificate and Place of Practice (Verification) Regulations, 2015. [Section 7(1)(db)]

This is also the new provision being introduced by the proposed Bill, presently the provision of this proposed section is also operational through various Judgments of the Supreme Court and orders of the Bar Council of India and the State Bar Councils.

to promote legal education and to lay down standards of such education in consultation with the Universities. [Section 7(1)(h)]

Under the present Act, the Bar Council of India is also required to consult the State Bar Councils along with the Universities.

to provide for an entrance Examination/test for admission in undergraduate and postgraduate degree courses of the centers of legal education across the country. [Section 7(1)(ha)] New Provision

to prescribe or conduct such exams including Bar examinations, pre or post enrolment to make a person entitled to practice law, as may be deemed necessary for maintaining standards of legal profession in India; [Section 7(1)(hb)] -New Provision

to recognize Centres of Legal Education or Universities whose degree in law shall be a qualification for enrolment as an Advocate and/or shall be a qualification for teaching law at any level; and for that purpose, to visit and inspect such Centres of Legal Education or Universities or cause the State Bar Councils to visit and inspect Centres of Legal Education/Universities in accordance with such directions as it may give in this behalf. [Section 7(1)(i)] -New Provision

to organize legal aid for the indigent and such other persons as may be eligible as per Regulations prescribed in this behalf,” [Section 7(1)(ib)]

Presently, the word poor has been used but the proposed indigent person is legally proper and appropriate and has been well recognised under the Code of Civil Procedure.

to recognize on a reciprocal basis foreign qualification in law obtained outside India and for laying down the conditions for equivalence of the same with qualifications in Law obtained in India and for further laying down the conditions and restrictions, if any, for the purpose of admission and practice as an advocate or legal practitioner under this Act; [Section 7(1)(ic)]

As per the present Act, it is to recognise on a reciprocal basis foreign qualification in law obtained outside India for the purpose of admission as an advocate under this Act.

to provide for recognition and regulation of law firms, [Section 7(1)(l)] New Provision

to make regulations for identifying the non- practicing advocates and barring their voting rights in the elections to the State Bar Councils and the Bar Associations. [Section 7(1)(m)] New Provision

to provide for legal assistance to the persons belonging to the Scheduled Castes and the Scheduled Tribes, Other Backward Classes, women, differently abled persons, victims of social unrest, natural calamities, victim of diseases impacting the social acceptability, and needy persons and for spreading legal literacy, legal awareness amongst the people. [Section 7(1)(n)] New Provision

to frame schemes achieving the objectives mentioned in clause (o) and to generate funds for the same by way of securing aid from the Government or non-government organization. [Section 7(1)(o)] New Provision

to provide for pre or post enrolment training and apprenticeship to law graduate who has obtained an under-graduate law degree from a recognized institution for a period not exceeding one year. [Section 7(1)(p)] New Provision

to provide for continuing legal education for advocates. [Section 7(1)(q)] New Provision

to constitute an Advisory Board for development of Legal Education, Legal Research and Legal Profession and work in the field of Legal Education, to aid and advise the Bar Council of India. [Section 7(1)(r)] New Provision

to promote and to develop mechanisms to enhance the skill of Advocates and Law Teachers. [Section 7(1)(s)] New Provision

to lay down uniform regulations for elections of State Bar Councils and to constitute Election Tribunals for deciding the disputes in relation there to. [Section 7(1)(t)] New Provision

Bar Council of India may constitute one or more funds and create or establish any Trust under Indian Trusts Act, 1882 or a Society registered under the Societies Registration Act, 1860 for the purpose of: [Section 7(2)]

Presently it is the ‘Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of’-

giving financial assistance to deserving advocates or law students, organizing seminars, providing training to young Advocates or to provide for welfare scheme for indigents, disabled or other advocates either directly or through the Trust; [Section 7(2)(a)]

The present Act provides for giving financial assistance to organise welfare schemes for indigent, disabled or other advocates only;

providing for legal aid or advice in accordance with the regulations made in this behalf; [Section 7(2)(b)]

Under the present Act, it is ‘giving legal aid or advice in accordance with the rules made in this behalf’.

establishing the Centres of legal education. [Section 7(2)(d)] New Provision

Any Trust constituted under this provision may have as Managing Trustees or Trustees, elected members of Bar Council of India, Advocates, academicians or any other eminent persons as may be nominated by Bar Council of India and/or the Trust. [Section 7(3)]

As per present Act, the Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.

Any Trust already constituted by Bar Council of India shall continue to function as it is, if it fulfils the conditions laid down under sub-section (2) and (3) of section 7. [Section 7(4)] New Provision

Bar Council of India may for the purpose of Fund or Trust or Society established under sub- section (2) or otherwise seek financial assistance from the National Legal Services Authority of India or State Legal Services Authority or any other Government Authority or Non- Government Organization for carrying out the purpose of this Act or for the objects of the Trust or the Society and receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section [Section 7(5)] New Provision

5. Term of office of members of State Bar Council- [Section 8]

Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months at a time. [First Proviso to Section 8]

Under the present Act, this proviso does not have the last three words, i.e. ‘at a time’, apart from this addition, when the whole provision is the same.

Under the present Act, this is the only proviso in which just the last three words ‘at a time’ have been added. Provided further that Bar Council of India may extend the tenure of the State Bar Council for further period of six months or for any other period from the date on which it would otherwise have ceased, but in no case exceeding total period of eighteen months if the State Bar Council is unable to hold elections or discharge its functions during its tenure due to circumstances beyond its control. [Second Proviso to Section 8]- New Provision

6. Constitution of Special Committee in the absence of election- [Section 8A]

Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee to manage the affairs of the State Bar Council, consisting of- [Section 8A (1)]

Under the present Act, the committee has not been empowered to manage the affairs of the State Bar Council. That is to say, if we remove the words ‘to manage the affairs of the State Bar Council’ then the proposed and present provisions both shall be identical.

The Special Committee constituted under sub-section ( 1 ) shall, in accordance with such directions as Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1 ), and where, for any reason, the Special Committee is not in a position to conduct election within the said period , the Bar Council of India may, for reasons to he recorded by it in writing, extend the tenure of the Special Committee for any duration for the purpose of conducting elections or for effectively carrying out the purpose of this Act. [Section 8A(3)]

Under the present Act, there is no mention of duration but the proposed Bill mentions that it can be extended for any duration.

In case the Special Committee fails to manage the affairs of the State Bar Councils effectively or fails to hold the election within the stipulated period, BCI may take appropriate action for the purpose of holding the elections or managing the affairs of the Council effectively [Section 8A(4)] New Provision

7. Constitution of legal aid committees- [Section 9A]

The Bar Council may seek funds from authorities under the National Legal Services Authority or State Legal Services Authority or any other Government or Non-Government Authority for carrying out the purpose of this Section.” [Section 9A(3)] New Provision

8. Special Public Grievance Redressal Committee of Bar Council of India: – [Section 9B]New Provision

Bar Council of India shall constitute a Special Public Grievance Redressal Committee consisting of the following members, namely: – [Section 9B(1)]

(i) one former Judge of Supreme Court or Chief Justice of any High Court or their nominee as its chairman;

(ii) two retired Judges of different High Courts as its members;

(iii) one senior Advocate;

(iv) one member of Bar Council of India

The Special Public Grievance Redressal Committee shall inquire into any allegation or complaint of corrupt practices or misconduct against any office bearer or member of Bar Council of India in discharge of his duties as a member of the Council, which is referred to it by the Council. [Section 9B(2)]

The inquiry report of the Committee shall be placed before the General Body meeting of the Council and the Council after considering the report may- [Section 9B(3)]

(i) accept the findings of the report and seek appropriate remedy under law; or

(ii) accept the report and may refer the matter to initiate a disciplinary proceeding against the office-bearer or as the case may be a member, or

(iii) return the report with reasons to be recorded in writing to the Special Public Grievance Redressal Committee for having review of the finality of the inquiry report. However, if the Committee returns the report in same form or in any modified form, the General Body of the Council may accept its recommendation.

The committee constituted under this section shall meet at such place and such time, and shall observe such procedure in regard to the transaction of business at its meetings as it may decide unless provided for by the regulations. [Section 9B(4)] The members of the committee may be paid such allowances for meeting the personal expenditure in attending the meeting and for attending to any other work of the committee. [Section 9B(5)]

9. Constitution of committees other than disciplinary committees- [Section 10]

 The Bar Council of India shall constitute a Legal Education Committee consisting of twenty-five members, of whom nine shall be persons nominated by the Council from amongst its members and sixteen shall be persons nominated by the Council who are not members thereof; out of sixteen nominated members of Legal Education Committee- [Section 10(2)(b)]

(I) one shall be a former Chief Justice of India or a former Judge of Supreme Court, who will be the Chairman of the Committee,

(ii) two shall be sitting or former Chief Justices of High Courts,

(iii) one shall be the Attorney General for India

(iv) one shall be the Solicitor General of India,

(v) two shall be Senior Advocates or Advocates of repute who are members of a registered Bar Association,

(vi) one shall be the Chairman of University Grant Commission or his nominee,

(vii) one shall be the Secretary (Department of Legal Affairs) Ministry of Law and Justice or his nominee not below the rank of Joint Secretary,

(viii) three shall be Vice-Chancellors of reputed Universities, and

(ix) four shall be other Professors or Deans of Institutions of Excellence in the field of Law and Social Sciences

Under the present Act, a legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members, and five shall be persons co-opted by the Council who are not members thereof

A State Bar Council and the Bar Council of India may by issuing Regulations/Guidelines constitute such other Committees/Sub Committees as deem necessary for the purpose of carrying out of the provisions of this Act. [Section 10(3)]

Presently, a State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

10. Staff of Bar Council- [Section 11]

Every State Bar Council and Bar Council of India shall appoint Secretary(s) and may appoint Additional Secretary(s), Joint Secretary(s), Assistant Secretary(s) Accounts Officer (s) and such number of other persons on its staff as it may deem necessary. [Section 11(1)]

Presently every Bar Council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary.

Provided that the Bar Council of India may also designate a secretary as Principal Secretary, if needed. [Proviso to Section 11(1)] New Provision

The officers and other staff as appointed so appointed shall not be from elected members of the Council, and shall possess such designation and qualification as may be prescribed.

Presently the secretary and the accountant, if any, shall possess such qualifications as may be prescribed.

11. Power to make regulations- [Section 15]

Presently it is Rules, not regulations.

The format for a complaint for disciplinary proceedings and to prescribe the fee to be deposited by the complainant for such proceedings –[Section 15(2)(b)] New Provision

12. Transfer of name from one State roll to another- [Section 18]

Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the Bar Council of India shall direct that the name of such person shall, upon payment of such transfer fee as may be prescribed by the regulations, be removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction. [Section 18(1)]

Presently there is no mention of any fee for such transfer.

13. Verification by State Bar Councils – [Section 19A] New Provision

The State Bar Councils shall be required to undertake a process of verification of the place of practice and the validity /genuineness of the educational certificates produced by an Advocate at the time of his/her enrolment. The verification of educational Certificate will be done from the concerned Board or University. [Section 19A(1)]

There is no provision under the present Act in this regard, however, there was a verification process as per the guidelines of the BCI and the State Bar Councils.

The Verification of all advocates enrolled with a State Bar Council shall be undertaken by the State Bar Council every· five years in order to verify whether such advocate is continuing in the profession and whether there has been any change in their ‘ place of practice’. [Section 19A(2)]

After such five-yearly verification, the updated roll shall be sent to Bar Council of India: [Section 19A(3)]

Provided that in addition to the regular five yearly verification, the State Bar Council shall carry out verification under this section, before 90 days of each State Bar Council election. The State Bar Councils shall adhere to the Bar Council of India Certificate and Place of Practice (Verification) Regulations, 2015, and cooperate with the Bar Council of India in verifying the genuineness of certificates, degrees, and other credentials of advocates enrolled with them, as well as in periodically updating the details of their addresses and places of practice. [Section 19A(4)]

14. Certificate of enrolment- [Section 22]

State Bar Councils shall maintain and manage records of all advocates registered under their jurisdiction in electronic format, ensuring that such data is stored securely and is readily accessible for verification and compliance purposes. [Section 22(3)] New Provision

15. Persons who may be admitted as Advocates on a State Roll- [Section 24]

he fulfils such other conditions as may be specified in the regulations made by the State Bar Council as approved by the Bar Council of India. [Section 24(1)(e)]

As per the present Act, there is no provision regarding approval of the Bar Council of India.

16. Disqualification for enrolment- [Section 24A]

The State Bar Council may not enroll a person if such person is convicted of offence punishable with imprisonment of three years or more, with or without fine. [Section 24A(3)] New Provision

Provided that the Enrolment Committee of State Bar Council shall be required to seek approval of Bar Council of India before enrolment of persons convicted of any offence or who have been dismissed or removed from employment or office under the State on any charge involving moral turpitude. New Provision

17. Removal of the name from State Roll. – [Section 24B] New Provision

The name of an advocate shall be removed from the State roll, if he is convicted of an offence and sentenced for a period of three years or above, with or without fine, and the conviction has been confirmed by the High Court or the Supreme Court:

Provided that in case period of sentence is less than five years, the advocate may after two years have elapsed since his release make an application to the State Bar Council for re- enrolment and the State Bar Council shall consider such application in consultation with Bar Council of India in accordance with section 26 and the regulation made in this regard.

18. Power to make regulations-  [Section 28]

Presently, there is the provision regarding power to make rules the

19. Right of Advocates to practice– [Section 30]

Subject to the provisions of this Act and the rules made thereunder by Central Government or regulations made by the Bar Council of India, every Advocate whose name is entered in the state roll shall be entitled to practice throughout the territories to which this Act extends., [Section 30]

As per the present Act only subject to the provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends.

20. Registration of an Advocate with a Bar Association. – [Section 33A] New Provision

An advocate enrolled with State Bar Council engaged in or intends to practice before a court, tribunal or Quasi-Judicial forum or any authority shall get himself registered as a member of the Bar Association where he ordinarily practices or intends to practice law. [Section 33A(1)]

In case any advocate leaves one Bar Association and joins another by reason of change of place of practice or by reason of change of field of law, he shall intimate such change to the Bar Association of which he is a member within a period of thirty days. [Section 33A(2)]

No advocate shall exercise the right to vote in more than one Bar Association. [Section 33A(3)]

The provisions of this proposed section of the Bill were in practice by order of the Supreme Court, the BCI and the State Bar Associations.

21. Power of High Court to make rules- [Section 34]

The High Court shall make regulations for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s advocate upon all proceedings in the High Court or in any Court subordinate thereto.: [Section 34(1A)]– Omitted

Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rule providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58 AG for the purpose of being admitted as advocates on the State roll any other matter connected therewith.] [Section 34(2)]– Omitted

22. Punishment of advocates for misconduct- [Section 35]

Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee within a period of one month from the date of receipt of Complaint. [Section 35(1)]

Under the present Act there is no time mentioned as such.

The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely: [Section 35(3)]

impose such fine as it may deem fit, proportionate to the gravity of the misconduct proved against the advocate, subject to the maximum limit of Rs. 3 lacs and cost of the proceeding; [Section 35(3)(e)] New Provision

impose special and exemplary costs subject to the maximum of Rs Fifty thousand on the complainant in case, the complaint is found to be vexatious or frivolous in case he is found to have been un-cooperative in the disciplinary proceedings under the Act. [Section 35(3)(f)] New Provision

23. Prohibition on the boycotts or abstention from courts’ work [Section 35A] New Provision

No association of advocates or any member of the association or any advocate, either individually or collectively, shall give a call for boycott or abstinence from courts’ work or boycott or abstain from courts’ work or cause obstruction in any from in court’s functioning or in court premises. [Section 35A(1)]

Violation of clause (1) shall be treated as misconduct and shall be liable for disciplinary action as contemplated under the Act and Regulations [Section 35A(2)]

Provided advocates may participate in a strike only when it does not impede the administration of justice such as strikes intended to bring attention to legitimate concerns about professional conduct, working conditions, or administrative matters and may include symbolic or one- day token strikes, as long as they are conducted in a way that does not disrupt court proceedings or violate clients’ rights.

24. Disciplinary powers of Bar Council of India– [Section 36]

Where on receipt of a complaint or otherwise Bar Council of India has reason to believe that any Advocate has been guilty of professional or other misconduct it shall refer the case for disposal either to its Disciplinary Committee of the Bar Council of India or to the Disciplinary Committee of the concerned State Bar Council. [Section 36(1)]

Presently the BCI refers to its committee subject to the provisions of the present Act.

Provided that in a prima – facie case of serious complaints, Bar Council of India may immediately put any Advocate under suspension which may be reviewed from time to time. [Proviso to Section 36(1)] New Provision

Presently there is no provision regarding immediate suspension.

A state Bar Council or Bar Council of India, if it thinks it necessary, appoint an Advocate with a minimum of fifteen years of practice or a former Judicial Officer as Inquiry Officer to record the evidence and forward the same to the concerned Disciplinary Committee for the expeditious and final disposal of the matter. [Section 36(5)] New Provision

25. Disposal of disciplinary proceedings- [Section 36B]

The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of Two years from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36. [Section 36B (1)]

Under the present Act, the prescribed duration is of one year.

Provided that the Bar Council of India shall make endeavors to conclude the said proceedings transferred to it within a period of One Year from the date of receipt of the records. [Proviso Section 36B (1)] New Provision

Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates (Amendment) Act, 2025 any proceedings in respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of the State Bar Council shall dispose of the same within a period of one year from the date of such commencement or within a period of one year from the date of the receipt of the complaint or, as the case may be, the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing which such proceedings shall stand transferred to the Bar Council of India for disposal under sub-section (1). [Section 36B (2)]

Presently the duration is of six months.

If it is evident from the record that the State Bar Council or its Disciplinary Committee has failed to conduct effective hearings, exhibited negligence, or shown lack of diligence in hearing and disposing of complaints within the stipulated period of two years as prescribed under sub-section (1), such failure may be treated as misconduct on the part of the General Council of the State Bar Council or its Disciplinary Committee, as the case may be. [Section 36B (3)] New Provision

26. Powers of disciplinary committee- [Section 42]

Summoning the complainant or any other person concerned as may be prescribed in the regulations made by Bar Council of India. [Section 42(1) (aa)] New Provision

All proceedings before a disciplinary committee of a Bar Council shall be deemed to be the judicial proceedings within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023, and every such disciplinary committee shall be deemed to be a Civil Court for the purposes of sections 384, 385 and 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023). [Section 42(2)]

Under the present Act, the provisions of repealed Laws have been mentioned.

27. Penalty for persons illegally practicing in courts and before other authorities- [Section 45]

Any person who practices in any court or before any authority or person, in or before whom he is not entitled to practice under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to one year and/or with fine which may extend to two lakh rupees. [Section 45]

Under the present Act, there is no fine and the amount of the punishment is of six months only.

28. Liability for Misconduct in certain cases- [Section 45B] New Provision

If any person suffers loss either caused deliberately or by misconduct of the advocate, then, such person may make a complaint of misconduct against the advocate under appropriate regulations as may be prescribed by Bar Council of India for deciding the liability of the advocate.

29. Liability for Misconduct in certain cases- [Section 48]

Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, constitute a Committee replacing the State Bar Council and give such directions to such Committee, headed by Former Judge of a High Court and consisting of four senior Advocates having minimum twenty years of practice and registered with Bar Association, as may appear to it necessary, and such directions shall have effect, notwithstanding anything contained in the regulations made by the State Bar Council. [Section 48B (2)]

As per the present Act where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar Council.

30. General power of the Bar Council of India to make regulations [Section 49]

Under the present Act, the power is limited to making rules only and there is no provision regarding regulations.

for the verification of educational certificates, degrees, and credentials of advocates enrolled with State Bar Councils, and to ensure compliance with the Bar Council of India Certificate and Place of Practice (Verification) Regulations, 2015. [Section 49(1)(1)(ai)]– New Provision

the foreign qualifications in law obtained by persons other than citizens of India and for laying down the conditions for equivalence of the same with qualifications in Law obtained in India, which may include prescribing a bridge course for equivalence of the Indian pattern and for further laying down the conditions and restrictions, if any, for the purpose of enrolment and practice as an advocate or legal practitioner under this Act. [Section 49(1)(1)(e)]

As per the present Act, the foreign qualifications in law obtained by persons other than citizens of India, which shall be recognised for the purpose of admission as an advocate under this Act;

to recognize and regulate the law firms including such firms operating in more than one State; [Section 49(1)(1)(ia)]– New Provision

to register and regulate Bar Associations; [Section 49(1)(1)(ib)]– New Provision

for rendering of legal services and spreading legal literacy; [Section 49(1)(1)(ic)]– New Provision

to prepare and carry out welfare schemes for advocates in practice [Section 49(1)(1)(id)]– New Provision

31. Power of Central Government to make Rules [Section 49A]

rules governing the entry of foreign law firms or foreign lawyers in India. [Section 49A(2)(cc)]– New Provision

32. Power of Central Government to give directions– [Section 49B]

The Central Government may give such directions to Bar Council of India as may appear to the Central Government to be necessary for carrying into execution any of the provisions of this Act or of any rule or order made thereunder. [Section 49B]– New Provision

The provisions of the Bill mentioned above are as it has been provided under the Bill. However there are grammatical and punctuation errors in the draft Bill, they have been written above as it is.