Advocates Amendment Bill 2023 passed

The Advocates Amendment Bill, 2023, was recently approved by the LokSabha during the Winter Session of Parliament.

Aims of the Bill:

• 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.

Repeal of Outdated Legislation:

• 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• The repeal is part of the government's broader strategy to eliminate outdated laws and streamline the legal framework.

Reduction of Superfluous Enactments:

• 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.

Response to Societal Asymmetry:

• 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.

Advocates Act of 1961:

The Advocates Act of 1961 was enacted post-independence to regulate the legal profession effectively. While repealing a majority of the 1879 Act, certain provisions related to the extent, definitions, and powers to frame lists of 'touts' were retained.

Advocates Amendment Bill, 2023

Introduction of Section 45A

• The Bill introduces a new provision, Section 45A, in the Advocates Act, 1961.
• 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.

Legal Safeguards

• 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.

Penalties for Acting as a Tout

• Section 45A imposes penalties, including imprisonment and fines, for individuals acting as 'touts' while their names are on the published list.
• This provision mirrors Section 36 of the now-repealed 1879 Act.