Introduction to the 2026 Draft Advocates (Amendment) Bill
The Bar Council of India (BCI) has proposed a new definition for ‘legal practitioner’ in its Draft Advocates (Amendment) Bill, 2026. Notably, this new definition excludes General Counsel and other in-house legal professionals working for private entities. This marks a significant change from the previous 2025 draft proposed by the Union Law Ministry.
Comparison with the 2025 Proposal
The 2025 proposal had a broader definition, encompassing advocates or law graduates practicing in various capacities, including those in private and public organizations. It recognized the legal work done by General Counsel, in-house legal teams, and lawyers in law firms, both domestic and international. Importantly, the 2025 draft acknowledged experience certificates from these organizations as valid proof of legal practice, with provisions for verification by the Bar Council in cases of complaint.
Revised Definition in the 2026 Draft
The 2026 draft narrows the definition significantly, limiting ‘legal practitioner’ to advocates practicing in courts, tribunals, or quasi-judicial bodies. It also includes law graduates enrolled with a State Bar Council and employed by government bodies for legal advisory roles, litigation, and drafting legal documents. The draft stipulates that these government-employed lawyers must be enrolled with a State Bar Council.
Changes to Bar Examination and Other Definitions
The definition of the ‘Bar Examination’ also sees changes. While the 2025 draft allowed for an examination for enrolment or continued practice, the 2026 draft restricts it to the All India Bar Examination or similar tests for continued practice. New statutory definitions for law firms, foreign lawyers, and related practices have been introduced. A law firm, as defined, includes partnerships or companies composed of advocates, but this does not extend the ‘legal practitioner’ status to General Counsel or corporate legal teams.
Public Consultation and Stakeholder Involvement
The BCI has opened the draft for public consultation, inviting suggestions until July 31. The draft will require parliamentary approval and enactment by the Central government to come into force.
