Lawyers in Delhi’s district courts abstained from work on Monday, July 1, to protest the proposed Advocates (Amendment) Bill, which seeks to restrict their right to boycott court proceedings. The strike was organized by the Coordination Committee of all District Court Bar Associations following the Union Law Ministry’s introduction of the draft Bill.
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In a circular issued on Sunday, the committee called the Bill “unjust, unfair, and biased,” stating it threatens the autonomy of bar associations and councils. The circular emphasized:
“The Bill is totally against the unity, integrity, and dignity of advocates and is draconian in nature. It will directly affect the autonomy of all Bar Associations and Bar Councils across states.”
The legal community argues that the Bill undermines their ability to voice grievances through collective action, a longstanding practice in the profession.
Ban on Strikes (Section 35A)
The most contentious provision, Section 35A, prohibits lawyers from boycotting court work or disrupting proceedings. It states:
“No association of advocates or any member… shall give a call for boycott or abstinence from courts’ work or cause obstruction in any form in court functioning or within court premises.”
While the Bill allows one-day symbolic strikes to highlight issues like working conditions, violations could lead to disciplinary action. Critics argue this curtails their right to protest systemic problems.
Government Nominees in Bar Council (Section 4)
Section 4 permits the Central Government to nominate up to three members to the Bar Council of India (BCI), alongside the Attorney General and Solicitor General. Lawyers fear this could politicize the BCI and erode the legal profession’s independence.
Stricter Enrollment Rules
The Bill bars individuals convicted of crimes punishable by three or more years in prison from enrolling as advocates. It also expands the definition of a “law graduate” to include degrees from any recognized institution, raising concerns about quality control.
