New Advocates Bill may restrict legal aid for undertrials, marginalised communities

The Advocates Amendment Bill 2025 introduces several provisions that could inadvertently make legal representation less accessible particularly for marginalised communities It may unintentionally limit lawyers from offering pro bono or discounted services thus restricting affordable legal aid for those in need Undertrial prisoners already victims of prolonged legal delays may suffer further if fewer lawyers are available to represent themAdditionally the billrsquos vague provisions on professional misconduct create concerns about arbitrary disciplinary actions which may deter advocates from taking on sensitive or complex cases This could in turn limit litigantsrsquo access to justice and weaken legal representation especially for individuals fighting against powerful entities or systemic injusticesThe Bar Council of India has written a letter copy obtained by midday to the Union law minister on February 19 raising detailed objections and suggestions to the proposed Advocates Amendment Bill 2025ldquoIt is shocking that in the draft publications 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 omittedamended immediatelyrdquo read the letter signed by Manan Kumar Mishra senior advocate Supreme Court of India and chairman of the Bar Council of IndiaInterestingly data available on the National Judicial Data Grid shows over 460 crore cases over 109 crore civil cases and over 350 crore criminal cases pending in various courts and as per the Bar Council of India only 27 lakh advocates are registered with itlsquoUndertrials may sufferrsquoAdvocate Mohini Supreme Court Advocate on Record AOR said ldquoThe Advocates Amendment Bill 2025 introduces several provisions that could inadvertently make legal representation less accessible particularly for marginalised communities Many undertrials come from socioeconomically disadvantaged backgrounds and depend on free or subsidised legal aid If legal professionals are restricted from offering lowcost services these individuals could be left without timely representation leading to extended incarcerationrdquoldquoThe Bill also lacks provisions to strengthen prison legal aid systems further perpetuating injustice Instead of limiting legal assistance reforms should focus on expanding legal aid mechanisms and increasing funding for public defendersrdquo said Adv MohiniShe added ldquoAdditionally the billrsquos vague provisions on professional misconduct create concerns about arbitrary disciplinary actions which may deter advocates from taking on sensitive or complex cases This could in turn limit litigantsrsquo access to justice and weaken legal representation especially for individuals fighting against powerful entities or systemic injusticesrdquoLegal redress less affordableThe proposed legislation under consideration seems to impose uncertain costs on advocates and those planning to join the Bar in terms of registration or other fees which shall be notified from time to time This would make it difficult for them financially and this financial burden would translate into additional fee structures for clients making legal redress less affordable to the common citizen ldquoTherefore it would have a direct bearing on citizensrsquo right to being represented in legal proceedingsrdquo explained Advocate Floyd Gracias a constitutional expert and counsel Supreme CourtldquoThe very notion and concept of being represented by an advocate in legal proceedings emanates from the principles of natural justice enshrined in the Constitution of India and is further embodied in the expanded views of Article 21rdquo he addedA differed viewThe function of the Bar Council of India which is currently ldquoto organise legal aid to the poor in the prescribed mannerrdquo is proposed to be replaced with ldquoto organise legal aid for the indigent and such other persons as may be eligible as per regulations prescribed in this behalfrdquo By inserting the word ldquoregulationrdquo the amendment proposes to reduce the authority of the Bar Council of India and grant more powers to the Centre says Solicitor Stuti GaliyaldquoThe amendment does intend to benefit all the stakeholders benefit society at large by making affordable legal services accessible to the public and making provisions for free legal aid to indigent persons However this will have to be assessed on a practical basis based on the actual implementation of the provisionsrdquo Galiya said460 crNo of cases pending in courts across India27 lakhNo of advocates registered with Bar Council of India