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Advocates Amendment Bill, 2023

Context: Recently, the Lok Sabha passed the Advocates (Amendment) Bill, introduced by the Ministry of Law and Justice.

The bill aims to amend the Advocates Act of 1961, which consolidates legislation related to legal professionals, establishes Bar Councils, and forms the All-India Bar.

This legislative move aims to eradicate the presence of 'touts' in the legal system.
The Bill involves the repeal of the colonial-era Legal Practitioners Act, 1879, and amendments to the Advocates Act, 1961.

The Bill marks the end of the Legal Practitioners Act, 1879, a colonial-era law deemed obsolete.
The repeal is part of the government's broader strategy to eliminate outdated laws and streamline the legal framework.

The primary objective of the Advocates Amendment Bill is to reduce the number of redundant laws in the statute book.
By amending the Advocates Act, 1961, the government aims to create a more contemporary and efficient legal framework.

MPs acknowledged the importance of the Bill in addressing societal imbalances.
The complexity of the legal system often leaves individuals without proper guidance, leading to the exploitation of people by 'touts.'
The Bill seeks to rectify this issue by eliminating such exploitation.

Touts are individuals who actively seek to persuade others to hire a particular lawyer and receive payment for providing this service.
They commonly operate around places like courts or government offices, offering their services to connect people with lawyers in exchange for monetary compensation.

Inception and Scope: Enacted in 1880, it aimed to consolidate the law relating to legal practitioners in certain Indian provinces.
Definition of Legal Practitioner: The Act defined legal practitioners as advocates, vakils, or attorneys of any High Court.
Introduction of ‘Tout’: A significant aspect was the definition of ‘tout’, referring to individuals who procure clients for legal practitioners for remuneration.

Consolidation of Legal Practice Laws: This Act was enacted to unify and amend laws relating to legal practitioners and establish Bar Councils and an All-India Bar.
Pre-1961 Legal Framework: Previously, legal practitioners were governed by multiple acts, including the 1879 Act.
Law Commission and All-India Bar Committee Recommendations: Post-independence, reforms were suggested by the Law Commission and the All-India Bar Committee, leading to the 1961 Act.

New Provisions: The Bill introduces a new section (Section 45A) in the 1961 Act, focusing on illegal practice and the regulation of touts.
This section empowers High Courts and district judges to frame and publish lists of 'touts' after providing them with an opportunity to contest their inclusion.
Punishment for Illegal Practice: It prescribes imprisonment for persons illegally practicing in courts and other authorities.

The new provision ensures that no individual's name is included in the 'touts' list without affording them an opportunity to present their case.
Authorities can send suspected 'touts' to subordinate courts for inquiry, and only proven cases will be included in the published list.
Regulation of Touts: The Bill empowers High Courts and district judges to frame and publish lists of touts, ensuring due process before inclusion.
Penalties for Touts: It includes provisions for punishing individuals acting as touts with imprisonment, fines, or both.

Streamlining Legal Enactments: The Bill aims to reduce superfluous laws and repeal those that have become obsolete.
Government’s Policy on Obsolete Laws: In line with the government’s policy to repeal outdated pre-independence Acts, the Bill seeks to modernize legal practice regulations.
Consultation with Bar Council of India: The amendments were made in consultation with the Bar Council of India, reflecting a collaborative approach to legal reform.

Addressing Legal System Complexities: The Bill addresses long-standing issues in the legal system, particularly the exploitation of legal complexities by touts.
Balancing Tradition and Modern Needs: By repealing outdated laws and amending existing ones, the Bill balances the need to respect legal traditions with the demands of contemporary legal practice.
Future Outlook: These changes are expected to enhance the integrity and efficiency of legal practice in India, contributing to a more transparent and accessible legal system.