Hyderabad: Advocates across the nation have been protesting the proposed amendments to the Advocates (Amendment) Bill, 2017, which was prepared by the Law Commission of India and recommends amendments to the Advocates Act, 1961. They have called the draft bill “draconian”.
The Law Commission has proposed the Bill in the light of the order of the Supreme Court of India in Mahipal Singh Rana v State of Uttar Pradesh that there was an urgent need to review the provisions of the Advocates Act.
Advocates opposing the Bill have targeted the Law Commission, alleging that it wants to “destroy” the independence and autonomy of the Indian Bar.
The Law Commission has proposed certain penal actions against advocates on the grounds of misconduct and abstaining from court work for any reason. It has defined misconduct as negligence, not showing due diligence, misbehaviour, and dishonourable conduct (towards the client or towards the court).
The Bar Council of India feels that the Bill proposes to hand over regulation of the legal profession to persons having no concern with legal education and in the control of judges.
Mr Manan Kumar Mishra, chairman of the Bar Council of India, in his appeal to advocates across the country to oppose the Bill, stated that the word “misconduct” had never been defined by the Bar Council of India or by the Advocates Act, 1961; misconduct was defined only in the Rules of the Bar Council of India. But the Bill proposes to define misconduct in such a provocative way that it will be now very difficult and risky to accept the brief of any client by any lawyer.
He stated that “misconduct” as per the Law Commission's definition, provided under the proposed Bill, includes: an act of an advocate whose conduct is found to be in breach of, or non-observance of, the standard of professional conduct or etiquette required to be observed by the advocate; or is a forbidden act; or unlawful behaviour; or disgraceful and dishonourable conduct; or neglect; or not working diligently or criminal breach of trust; or any conduct incurring disqualification under Section 24A of the propose 2017 Bill.
The Law Commission has proposed to impose a fine which may extend to Rs 3 lakh and the cost of proceedings, and also award compensation of such an amount subject to a maximum of Rs 5 lakh as it may deem fit, payable to the person aggrieved by the misconduct of the advocate.
The Law Commission has incorporated a provision under the 2017 Bill which specifies no association of advocates or any member of the association, or any advocate, either individually or collectively, shall give a call for boycott or abstinence from courts’ work or boycott or abstain from courts’ work, or cause obstruction in any form in courts' functioning or in court premises.
The Law Commission has recommended removal of name/s of advocates from the State rolls who abstain from court work due to any reason.
