Law Commission member opposes draft Advocates Bill

Abhay Bhardwaj, a senior lawyer and a part-time member of the Law Commission, today called for withdrawal of the draft Advocates (Amendment) Bill, calling it "surrender document of lawyers".
The draft has been prepared by the Law Commission.
Saying that the bill, currently under Union Government's consideration, puts lawyers at the mercy of judges who can take away their licences and even fine them for "misconduct," Bhardwaj said it must be redrafted.
"We do not agree with several points in the draft bill. The final draft was not sent to us (part-time members of the Commission) for consideration. Even the minutes of March 7 meeting where the draft was finalised have not been sent to us," he said at a press conference here.

"Being a lawyer myself I do not agree with the proposed draft, as it is anti-advocate....Judges cannot be allowed to be a law unto themselves. This is a surrender document for lawyers," Bhardwaj said.
"The bill wants advocates to be tamed. Misconduct by a lawyer will be determined by a judge who can even bar him from practising. Judges should not be permitted to rule over the lawyers," he said.
Demanding wider consultation, especially with state-level and district-level Bar Council members, he said the Bar Council of India will meet on April 8 to decide the next course of action to oppose the bill.

Bhardwaj, who practises in the district court here, demanded that the Centre send the draft bill back to the Law Commission and ask it to remove anti-lawyer provisions.