The Indian legal landscape has recently experienced a significant change with the passage of the Advocates Amendment Bill, 2023 by both Lok Sabha and Rajya Sabha. Its core aim is to cleanse the legal system of ‘touts’, thereby enhancing its efficiency. The bill not only repeals the Legal Practitioners Act of 1879, but also modifies the Advocates Act of 1961. This is part of an effort to eliminate superfluous legislation from the statute book and repeal all obsolete laws.
The Key Highlights of the Advocates Amendment Bill, 2023
Taking a firm stance on ‘touts’ – individuals who procure the employment of legal practitioners for a fee or frequent places like civil or criminal courts, revenue-offices, or railway stations to secure such employment – the Bill proposes stringent measures. Under it, every High Court, district judge, sessions judge, district magistrate, and revenue officer can frame and publish lists of touts.
Furthermore, any person identified in these lists can be prohibited entrance into the court premises. Nonetheless, transparency is maintained as no individual can be included within these lists without having been given an opportunity to argue against their potential inclusion.
The Bill also introduces penalties for those who continue to act as touts despite their name being included in the list, thus ensuring resistance towards the encouragement of such behaviours. These penalties may include imprisonment of up to three months, fines amounting to Rs. 500, or even both.
The Advocate Act, 1961: A Closer Look
The Advocates Act was established back in 1961 with the objective of revising and strengthening the law in regards to legal practitioners. Additionally, it paved the way for the formation of Bar Councils and an All-India Bar.
The Act served as a replacement for much of the earlier Legal Practitioners Act of 1879, while still maintaining the provisions concerned with its extent, definitions and powers to frame and publish lists of touts.
Legal Insights into the Advocates Amendment Bill, 2023
The implementation of the Advocates Amendment Bill marks a significant stride forward for the Indian legal system. By eliminating touts, it ensures that the process of procuring legal assistance becomes more transparent and fair, thus upholding the integrity of the legal proceedings.
Furthermore, from the perspective of potential candidates preparing for the UPSC Civil Services Examination, this topic is highly relevant. An example of a typical related question could be: “Are corporate lawyers and patent attorneys recognised as advocates in India, and do Bar Councils hold authority in laying down rules related to legal education and recognition of law schools?” Such discussions make this topic key for examination purposes.
Overall, the advancement of the Advocates Amendment Bill, 2023 signifies a strong commitment towards refining the legal system of India and enhancing its effectiveness, thus promising an improved and more fair judiciary for all citizens.
