On December 4, 2023, the Lok Sabha passed the Advocates (Amendment) Bill, 2023, marking a significant step in reforming India’s legal framework. This legislation aims to modernize the legal profession by repealing outdated colonial laws and introducing measures to enhance the integrity and regulation of legal practice in the country.
Background and Legislative Journey
The Advocates (Amendment) Bill, 2023, was introduced in the Rajya Sabha on August 1, 2023, and passed by the upper house on August 3, 2023. Subsequently, it received approval from the Lok Sabha on December 4, 2023, during the Winter Session of Parliament. The Bill seeks to amend the Advocates Act, 1961, and repeal certain provisions of the Legal Practitioners Act, 1879, thereby consolidating the laws relating to legal practitioners under a single, modern framework.
Key Provisions of the Bill
- Repeal of the Legal Practitioners Act, 1879: The Bill repeals the remaining sections of the Legal Practitioners Act, 1879, specifically Sections 1, 3, and 36, which dealt with the regulation of ‘touts’ individuals who solicit clients for legal practitioners in exchange for remuneration. This repeal is part of the government’s broader initiative to eliminate obsolete colonial-era laws.
- Insertion of Section 45A in the Advocates Act, 1961: To address the issue of touts, the Bill introduces Section 45A into the Advocates Act, 1961. This provision empowers High Courts and district judges to frame and publish lists of individuals identified as touts. The inclusion of a person’s name in such a list requires due process, including an opportunity for the individual to be heard. Once listed, touts are prohibited from entering court premises, and violations can lead to penalties, including imprisonment for up to three months.
- Removal of Advocates Convicted of Serious Offenses: The Bill introduces a new Section 24B, which mandates the removal of an advocate’s name from the State roll if they are convicted of an offense and sentenced to imprisonment for three years or more, with the conviction confirmed by the High Court or Supreme Court. However, if the sentence is less than five years, the advocate may apply for re-enrollment after two years from the date of release, subject to approval by the State Bar Council and the Bar Council of India.
- Power to Remove Names from Roll: An additional provision, Section 26A, grants State Bar Councils the authority to remove from the State roll the name of any advocate who is deceased or who has voluntarily requested such removal.
Implications for the Legal Profession
The Advocates (Amendment) Bill, 2023, is a significant legislative effort to modernize the regulation of legal practice in India. By repealing outdated laws and introducing stringent measures against malpractice, the Bill aims to uphold the integrity of the legal profession. The inclusion of provisions to penalize touts and remove advocates convicted of serious offenses underscores the commitment to maintaining ethical standards within the legal community.
Furthermore, the consolidation of laws under the Advocates Act, 1961, simplifies the legal framework governing practitioners, making it more coherent and accessible. This move is expected to enhance the efficiency of legal processes and reinforce public trust in the judicial system.
The passage of the Advocates (Amendment) Bill, 2023, represents a proactive approach by the Indian Parliament to reform and strengthen the legal profession. By addressing long-standing issues such as the presence of touts and the need for accountability among legal practitioners, the legislation sets a precedent for future reforms aimed at ensuring justice and professionalism within India’s legal system.
Sources
- https://www.civilsdaily.com/news/why-parliament-passed-the-advocates-amendment-bill/?utm_
- https://indianexpress.com/article/explained/explained-law/advocates-amendment-bill-2023-parliament-explained-9060190/?utm_
- https://ddnews.gov.in/en/parliament-passes-advocates-amendment-bill-on-first-day-of-winter-session/?utm_
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