The Bar Council of India (BCI) has strongly opposed the Draft Advocates Amendment Bill, 2025, warning that its provisions could severely impact the legal profession’s independence and erode the BCI’s authority.
In a letter to Union Law Minister Arjun Ram Meghwal, BCI Chairman and Senior Advocate Manan Kumar Mishra highlighted key areas of concern, particularly the proposed shift of regulatory authority over foreign law firms and lawyers from the BCI to the Central Government. The letter also objected to the inclusion of Section 49B, which empowers the Centre to issue binding directions to the BCI.
Opposition to Transfer of Regulatory Powers
One of the most contentious proposals in the draft Bill is the Centre taking over the power to frame rules governing the entry of foreign law firms and lawyers into India — an authority currently vested in the BCI.
“Such a move contradicts the A.K. Balaji judgment and creates unnecessary confusion. The Bar Council is fully equipped to regulate foreign legal entities while ensuring the interests of Indian lawyers are safeguarded. This provision must be rectified,” Mishra stated.
The A.K. Balaji judgment had clearly placed the responsibility of regulating foreign law firms and lawyers under the BCI’s jurisdiction. Mishra noted that the BCI’s 2022 Regulations already provide a structured framework for their entry, with built-in safeguards and the requirement of Central Government approval.
“If the entire legal profession is to be regulated by the BCI, how can foreign lawyers and law firms be governed by the Central Government? The Bar Council of India should frame the rules in consultation with the government, not be sidelined,” he asserted.
Outrage Over Section 49B’s ‘Draconian’ Powers
Another major concern is the proposed Section 49B, which grants the Centre the power to issue binding directions to the BCI. The Council has termed this provision “wholly unacceptable” and “unconstitutional.”
“This provision directly undermines the autonomy and independence of the BCI, which was established as a self-regulating body. It goes against the spirit of the Advocates Act and must be completely removed,” the BCI’s letter stated.
Mishra warned that lawyers across the country view this provision as a serious threat to the profession’s independence and are prepared to launch protests if it is not omitted.
Concerns Over ‘Unilateral’ Changes in Draft
The BCI also expressed shock over alleged changes made to the draft by officials in the Law Ministry without consulting the legal fraternity.
“The very concept of the Bar’s autonomy and independence is under attack in this draft. Lawyers across the country are agitated, and strong protests are inevitable if such deliberate and draconian provisions are not removed or amended immediately,” the letter warned.
With tensions rising, the coming weeks could see heightened legal and political debates over the bill’s provisions and their implications for the future of legal regulation in India, said legal profession observers.