Published: 14th Dec, 2023
Context
The Advocates Amendment Bill, 2023, was recently approved by the LokSabha during the Winter Session of Parliament.
About
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Repeal of Outdated Legislation: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- The repeal is part of the government's broader strategy to eliminate outdated laws and streamline the legal framework.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.
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Repealed 1879 Act: Definition of 'Tout': The now-repealed Legal Practitioners Act, 1879, defined a 'tout' as someone who, in exchange for remuneration, procures the employment of a legal practitioner in any legal business. This definition included individuals frequenting legal institutions for such purposes. |
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.
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