'Autonomy demolished': BCI warns of protests over Advocates Act changes

The Bar Council of India urges the Law Minister to amend Advocates Act draft, calling provisions 'draconian' and warning of nationwide protests over threats to Bar Council's autonomy and independence

The Bar Council of India (BCI) has urged Law Minister Arjun Ram Meghwal to reconsider several provisions in the proposed amendments to the Advocates Act, 1961, arguing that they “would undermine the BCI’s autonomy”.   

The Law Ministry recently released the draft Advocates (Amendment) Bill, 2025, inviting public feedback on the proposed changes.   

In a letter to the minister, BCI chairperson Manan Kumar Mishra said while the council had held two rounds of discussions with Ministry officials and reached “an apparent consensus” on key points, the published draft contained deviations from the agreed terms, LiveLaw reported. 

Mishra, who also serves as a BJP Rajya Sabha MP, wrote, “It is shocking that in draft publication, several material changes have been made by some officials and the Ministry of Law. 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 the ministry is made soon.”   

 

One of the primary concerns raised by the BCI is the inclusion of provisions that would increase government oversight of the council, including the appointment of up to three government nominees to the BCI, the news report mentioned. 

“This provision is fundamentally opposed to the structure and independence of the Bar Council, which has always been a democratically elected body representing the 2.7 million 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,” Mishra wrote, cautioning that this could trigger nationwide protests. 

Additionally, the draft includes a section granting the Central government the authority to issue directives to the BCI, a move Mishra described as “not only against the spirit of the Advocates Act but also unconstitutional”. 

Another issue highlighted was the transfer of regulatory authority over foreign lawyers and law firms to the government — an area Mishra said should remain under the BCI’s jurisdiction.   

“The AK Balaji judgment clearly placed the responsibility of regulating foreign law firms and lawyers on the 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, LiveLaw reported. 

Mishra also opposed a proposed provision that would categorise lawyers’ boycotts and strikes as misconduct, effectively prohibiting such actions. He urged the minister to review the provisions impacting the BCI’s independence and incorporate the Council’s recommendations.