On 1 August 2023, Federal Justice Minister Arjun Ram Megwal introduced the Defenders (Amendment) Bill 2023 to parliament as part of the government’s efforts to repeal old and pre-independence laws that are no longer relevant. bottom. In collaboration with the Bar Council of India (BCI), the Government decided to repeal the Advocates Act, 1879 and amend the Advocates Act, 1961 by incorporating the provisions of Section 36 of the former into the latter. The move aims to streamline the legal code by removing unnecessary regulations and placing the legal profession under a single law, his Advocates Act 1961. The bill states that all matters covered by the Advocates Act 1879, except those relating to “advertising”, are already covered by the Advocates Act 1961. As a result, sections 1, 3 and 36 of the Advocates Act 1879 were repealed under section 50(5)(a) of the Advocates Act 1961. In its Report No. 249 entitled ‘Outdated Laws: Justifying Immediate Repeal (Second Interim Report)’, the Indian Law Commission, following corresponding amendments to the Advocates Act, 1961, recommended that the law be abolished. The bill authorizes certain agencies, such as the High Court, District Judges, Inquisition Judges, District Judges, and Tax Officials of District Collectors and above, to prepare and publish lists of individuals identified as advertisers. These authorities reserve the right to change and update these lists periodically. The bill also allows a suspected advertiser to be referred to a lower court for investigation. After the lower court has given the candidate a chance to plead, the results will be reported to the relevant authorities. Authorities can then include the names of verified advertisers on public lists. The bill emphasizes that an individual’s name should not be included on such a list without an opportunity to object to its inclusion on that list. In addition, a court or judge may bar persons named on the list from exiting the jurisdiction of the court. The bill provides for penalties including imprisonment of up to three months and/or a fine of up to Rs. The bill defines a “barker” as a person who is paid by an attorney to arrange or offer to employ an attorney in a legal transaction. It also includes persons visiting places such as civil courts, criminal courts, tax offices, railway stations, piers, lodging facilities, and other public entertainment venues for the purpose of such procurement. This amendment to the Advocates Act 1961 aims to streamline the legal framework and ensure efficient regulation of the legal profession by consolidating relevant provisions and repealing outdated legislation.
REFERENCES ;
Central Government Presents Advocates (Amendment) Bill, 2023 in Parliament – Law Insider India
Central government introduces Advocates (Amendment) Bill, 2023 in Parliament (barandbench.com)
written by – Meghana Mathapati , college name – KLE law college Bangalore, semester – 5th
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