In a significant development aimed at overhauling the legal profession's regulatory framework in India, Union Minister of State for Law and Justice, Arjun Ram Meghwal, announced the forthcoming amendment to the Advocates Act, 1961. This announcement was made during his address at the General Counsel Meet, underscoring the government's commitment to modernizing legal statutes and eliminating outdated provisions.
Introduction of the Advocates (Amendment) Bill, 2023
On July 31, 2023, the Central Government introduced the Advocates (Amendment) Bill, 2023, in Parliament. This legislative move is part of a broader initiative to repeal obsolete pre-independence laws that have lost their relevance. The Bill proposes the regulation of the legal profession exclusively under the Advocates Act, 1961, and seeks to repeal the Legal Practitioners Act, 1879. Notably, it retains provisions addressing the issue of touts in court premises.
Key Provisions of the Amendment
A significant aspect of the proposed amendment is the incorporation of measures to curb the menace of touts—individuals who procure clients for legal practitioners in exchange for remuneration. The Bill empowers every High Court and District Judge to frame and publish lists of persons identified as touts. Individuals named in these lists would be prohibited from entering court premises, and any violation could result in imprisonment of up to three months and a fine.
Rationale Behind the Amendment
The government's decision to amend the Advocates Act, 1961, stems from its policy to repeal obsolete laws and streamline the legal framework. In consultation with the Bar Council of India, it was determined that the Legal Practitioners Act, 1879, had become redundant, with most of its provisions already covered under the Advocates Act, 1961, except those related to touts. By integrating these provisions into the Advocates Act, the government aims to regulate the legal profession under a single, comprehensive statute.
Legislative Progress
The Advocates (Amendment) Bill, 2023, has successfully passed both houses of Parliament. The Lok Sabha approved the Bill on December 4, 2023, followed by the Rajya Sabha on August 3, 2023. This legislative progress reflects a consensus on the need to update the regulatory framework governing legal practitioners in India.
Government's Stance on Advocates' Protection
In addition to the amendment, the government has expressed its willingness to examine the need for an Advocates Protection Act. Minister Arjun Ram Meghwal highlighted this during a ceremony organized by the Bar Council of India, acknowledging concerns regarding the safety and protection of legal professionals. He emphasized the importance of addressing these issues to ensure that advocates can perform their duties without fear or hindrance.
Conclusion
The proposed amendment to the Advocates Act, 1961, signifies a pivotal step towards modernizing the legal profession in India. By repealing outdated laws and addressing contemporary challenges such as the issue of touts, the government aims to create a more streamlined and effective regulatory framework. The legal fraternity and stakeholders await the implementation of these changes, anticipating a positive impact on the practice of law in the country.
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