Advocates Amendment Bill, 2023

• 18 Dec 2023

For Prelims: Advocates Amendment Bill, 2023, Touts, Advocates Act, 1961, Bar Councils, All-India Bar,

For Mains: Significance of Advocates Amendment Bill, 2023 in improvement of legal Practices in Court.

Source: IE

Why in News?

Recently, the Advocates Amendment Bill, 2023, was passed in the Lok Sabha and Rajya Sabha. Its purpose was to weed out ‘touts’ from the legal system.

• The Bill repeals the Legal Practitioners Act, 1879 and amended the Advocates Act, 1961, to reduce “the number of superfluous enactments in the statute book” and repeal all “obsolete laws”.

What are the Key Highlights of the Advocates Amendment Bill, 2023?

• Touts:
  • The Bill provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer may frame and publish lists of touts.
  • Tout refers to a person who:
    • Either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment.
    • Frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment.
    • The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.
• Preparation of lists:
  • The authorities empowered to frame and publish the list of touts may order subordinate courts to hold an inquiry into the conduct of persons alleged or suspected to be touts.
  • Once such a person is proven to be a tout, his name may be included by the authority in the list of touts.
  • No person will be included in such lists without getting an opportunity of showing cause against his inclusion.
• Penalty:
  • Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs 500, or both.

What is the Advocate Act, 1961?

• The Advocates Act, 1961, was enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
• This Act repealed a majority of the Legal Practitioners Act, 1879 but left behind provisions relating to its extent, definitions, and powers to frame and publish lists of touts.

Legal Insights: Advocates Amendment Bill, 2023

https://www.drishtijudiciary.com/en

UPSC Civil Services Examination, Previous Year Question

Prelim:

Q. With reference to India, consider the following statements:

1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: (b)