The Bar Council of India on Wednesday wrote to Law Minister Arjun Ram Meghwal seeking reconsideration of several provisions in the draft amendment to the Advocates Act, 1961, which it said “would undermine the BCI’s autonomy”.
The Law Ministry had published the draft Advocates (Amendment) Bill, 2025 last week and sought suggestions and objections from the public.
In the letter, BCI chairperson Manan Kumar Mishra said there had been two rounds of discussions between the Council and Ministry officials and “an apparent consensus” was reached on key issues, but the draft that was published included deviations from the agreed terms.
Mishra, who is also a BJP Rajya Sabha MP, 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 Ministry is made soon.”
The BCI has objections to provisions that would give the government more control over the Council, including the introduction of up to three government nominees on 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 adds a section that would give the Central government the power to issue directions to the BCI, which Mishra said was “not only against the spirit of the Advocates Act but also unconstitutional”.
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Another issue flagged by Mishra was that the amendment would enable the government to frame regulations for foreign lawyers and law firms, something which he said the BCI had the authority to do.
“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.
He also objected to the provision that would prohibit lawyers from boycotts and strikes. The draft proposes to consider boycotts and strikes a form of misconduct.
He asked the Minister to reconsider the provisions affecting the BCI’s autonomy and incorporate its suggestions.