Legal experts say several provisions of the Advocates (Amendment) Bill could affect undertrials and those who can’t afford legal aid the most
Several undertrial prisoners depend on pro bono or discounted services for legal aid. Representation pic
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 them.
Additionally, the bill’s 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 litigants’ access to justice and weaken legal representation, especially for individuals fighting against powerful entities or systemic injustices.
The Bar Council of India has written a letter (copy obtained by mid-day) to the Union law minister on February 19, raising detailed objections and suggestions to the proposed Advocates (Amendment) Bill, 2025.
“It 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 omitted/amended immediately,” read the letter signed by Manan Kumar Mishra, senior advocate, Supreme Court of India, and chairman of the Bar Council of India.
Interestingly, data available on the National Judicial Data Grid shows over 4.60 crore cases (over 1.09 crore civil cases and over 3.50 crore criminal cases) pending in various courts and as per the Bar Council of India, only 27 lakh advocates are registered with it.
‘Undertrials may suffer’
Advocate Mohini, Supreme Court Advocate on Record (AOR), said, “The 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 low-cost services, these individuals could be left without timely representation, leading to extended incarceration.”
“The 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 defenders,” said Adv. Mohini.
She added, “Additionally, the bill’s 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 litigants’ access to justice and weaken legal representation, especially for individuals fighting against powerful entities or systemic injustices.”
Legal redress less affordable
The 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. “Therefore, it would have a direct bearing on citizens’ right to being represented in legal proceedings,” explained Advocate Floyd Gracias, a constitutional expert and counsel, Supreme Court.
“The 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 21,” he added.
A differed view
The function of the Bar Council of India which is currently “to organise legal aid to the poor in the prescribed manner”, is proposed to be replaced with “to organise legal aid for the indigent and such other persons as may be eligible as per regulations prescribed in this behalf”. By inserting the word “regulation”, the amendment proposes to reduce the authority of the Bar Council of India and grant more powers to the Centre, says Solicitor Stuti Galiya.
“The 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 provisions,” Galiya said.
4.60 cr
No of cases pending in courts across India
27 lakh
No of advocates registered with Bar Council of India
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