Election Tribunal, Law Firm Registration and more in BCI’s Draft Advocates Act Amendment

The Bar Council of India (BCI) has circulated the Draft Advocates Act, 1961 proposed amendments of 2026 on 18 July 2026 signed by its Chairman, Senior Advocate Manan Kumar Mishra. The letter states that the draft marks a profession-first reform intended to protect Indian advocates, strengthen the Bar and create new opportunities for the legal profession. It has been placed before State Bar Councils, Bar Associations, law universities, centres of legal education and law firms for suggestions, to be sent to draftadvact2026bill@gmail.com on or before 31st July 2026 by 3:00 PM. The BCI has stated it will examine the suggestions received and, wherever considered necessary, incorporate them before requesting the Ministry of Law and Justice to take steps for early enactment. 

Punitive Provisions From the 2025 Draft Removed

According to the covering letter, several provisions contained in the earlier Draft Amendments Bill of 2025 have been removed from the present draft following deliberations between the BCI, the Union Minister for Law and Justice, and a co-ordination committee of Bar Associations from Delhi, Uttar Pradesh, Himachal Pradesh and other states. These include: 

• Provisions for heavy punishment or disciplinary proceedings against advocates for participating in strikes.
• Provisions for taking disciplinary action against office-bearers of Bar Associations.
• A proposed fine of ₹5 lakh on advocates involved in serious disciplinary matters.
• Provisions for the inclusion of government nominees in the Bar Council of India and State Bar Councils.

The letter states that all of these provisions have been deleted or omitted from the current draft and describes this as part of the wider approach to protection to advocates and the autonomy of Bar Associations under the amendment to the Advocates Act. 

Welfare, Pension, Insurance and Social-Security Measures

The draft substantially expands the welfare responsibilities of State Bar Councils and the BCI. Under proposed changes to Section 6(2) and Section 7(2), both State Bar Councils and the BCI would be empowered to constitute funds and create trusts for: 

• financial assistance to deserving advocates
• insurance
• pension
• medical relief
• social-security schemes
• support for indigent advocates
• assistance to advocates with disabilities
• support for dependants of advocates
• professional development programmes
• law libraries

The BCI's trust would additionally be empowered to establish centres of excellence in legal education or a National Legal Academy. Funds collected by State Bar Councils would also be required to be distributed to Bar Associations for the protection of the rights, interests and privileges of their members, under proposed Section 6(1)(a)(dd). A related amendment to Section 6 gives Bar Associations express statutory recognition, enabling cooperation between the BCI, State Bar Councils and Bar Associations for protection of advocates' rights, welfare implementation, professional development and institutional assistance. 

Enlarged Legal Education Committee and Professional Development

The Legal Education Committee, presently comprising ten members, is proposed to be expanded to twenty-five members under Section 10A, drawing representation from the BCI, former Supreme Court judges, sitting or former High Court Chief Justices, the Attorney General and Solicitor General for India, advocates of standing, the University Grants Commission, the Department of Legal Affairs, Vice-Chancellors and law professors or deans. 

The draft also empowers State Bar Councils and the BCI to statutorily provide professional development programmes for advocates, referencing the Supreme Court's judgment in Ajay Vijh v. Indian Banks Association (2026 CaseBase(SC) 628). Areas listed for such programmes include new legislation, constitutional practice, commercial and corporate law, arbitration and mediation, technology and artificial intelligence, cyber law and digital evidence, taxation and insolvency, international legal practice, and trial and appellate advocacy. 

Increase in Women's Representation in State Bar Councils

The draft amendment to Advocates Act, 1961 proposes restructuring the composition of State Bar Councils across all three electorate-based categories. For State Bar Councils with an electorate exceeding ten thousand, the proposed strength rises to thirty-three members: thirty elected (including four women) and three additional women co-opted by the BCI in consultation with the concerned State Bar Council and Bar Associations. For electorates exceeding five thousand but not exceeding ten thousand, the proposed strength is twenty-one members: nineteen elected (including three women) and two co-opted women. The smallest category retains a total strength of fifteen. The stated purpose of co-option is to represent areas that have remained unrepresented in Bar Council elections, such as Goa and parts of Assam and Jharkhand's Santhal Paragna district, and to include women advocates who are unable to contest elections but are able to contribute. 

Statutory Recognition for Law Firms

For the first time, the draft proposes express recognition of law firms under the Advocates Act. A new Chapter IIIA (Sections 28A and 28B) would require every law firm operating in India to register with a Bar Council, with the BCI maintaining a register of law firms. Section 2 of the Act would be amended to define "law firm" as a firm constituted under the Indian Partnership Act, 1932, a limited liability partnership under the LLP Act, 2008, or a company under the Companies Act, 2013, engaged in the practice of the profession of law. 

Foreign Lawyers and Foreign Law Firms

The proposed Section 47 states that where a foreign country prevents Indian citizens from practising law or subjects them to unfair discrimination, as notified by the Central Government, no national of that country would be entitled to practise law in India. Subject to reciprocity and prior approval of the Central Government, the BCI may register foreign lawyers and foreign law firms for "permitted areas of practice," which would exclude appearance before any court, tribunal or authority reserved for advocates under Section 33, except before an arbitral tribunal in an international commercial arbitration governed by foreign law.  

The existing proviso to Section 24(1)(a), which permits a foreign national to enrol as an advocate where Indian citizens are reciprocally permitted to practise in that country, is proposed to be omitted. The covering letter states that this proviso had led the Delhi High Court to direct the enrolment of a Korean citizen, prompting the proposed change. The letter also refers to a BCI-constituted committee headed by Mr Cyril Shroff, Managing Partner of Cyril Amarchand Mangaldas, which examined the entry of foreign law firms and has submitted its report for the BCI's consideration. 

Enrolment Fee Revision

Citing the Supreme Court's judgment in Gaurav Kumar v. Union of India(2024 CaseBase(SC) 410), decided on 30 July 2024, which held that the aggregate enrolment fee under the existing Section 24(1)(f) could not exceed ₹750 for general candidates and ₹125 for candidates belonging to Scheduled Castes and Scheduled Tribes, and directions issued by the Supreme Court in Pankaj Sinha v. Bar Council of India & Ors., the draft proposes a revised enrolment fee of ₹18,000 payable to the State Bar Council and ₹4,500 payable to the BCI. Eligible members of Scheduled Castes, Scheduled Tribes and persons with benchmark disabilities who are unable to pay because of their financial condition would be required to pay only one-fourth of the prescribed fee. Any future revision of the fee would require BCI action in consultation with the Central Government only. 

Election Tribunal and Disciplinary Changes

The draft proposes a new Section 14A and Section 15A for the establishment of Election Tribunals by the BCI to decide disputes concerning State Bar Council elections, with the Tribunal's decision being final. Separately, proposed amendments to Section 42 would deem disciplinary committee proceedings to be judicial proceedings under Sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023, and such committees to be Civil Courts for the purposes of Sections 384, 385 and 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 45, which penalises unauthorised practice of law, is proposed to be amended to increase the punishment from six months' imprisonment to imprisonment of up to three years, or fine, or both.