Pension for lawyers, retired judges in disciplinary committees? Wholesale changes to the Advocates Act in the pipeline

As first reported by the Times of India, the Bar Council of India is looking to make more than a few changes to the Indian Advocates Act of 1961. At an event celebrating 125 years of the Bhojpur District Bar Association, BCI Chairman Manan Kumar Mishra said that some of the recommendations include pensions for retired lawyers, a family pension for deceased lawyers, and stipend for junior lawyers..Mishra confirmed the same to Bar & Bench, revealing that a committee headed by former Supreme Court judge Justice Shivraj Patil is working on amendments to the Act. The other members of the committee include sitting Supreme Court and High Court judges, as well as Senior Advocates such as Harish Salve, KK Venugopal, PP Rao, and Dushyant Dave..The committee will submit its report to the BCI, which will in turn send the same to the Law Commission of India. Mishra said that the BCI has asked the Law Commission to submit its report within two months..The BCI Chairman is hopeful that the amendments will be placed before Parliament during the budget session next year..He also said that the focus of the amendments would be on welfare of lawyers, disciplinary proceedings, strikes, regulation of domestic law firms and foreign law firms..In September this year, the BCI had introduced the Draft amendments to the Act, revealing its intention of playing a more proactive role in regulating the legal profession in India. These draft amendments shed light on each of the topics mentioned by Mishra..On welfare schemes for lawyers, specifically for pension, the suggestion was,.“Any Advocate desirous to retire from the Legal profession after the age of 65 years shall get a sum of Rs. 40,000 every month as a pensionary amount throughout his life time. After his death his widow and minor an dependent children and parents shall get the family pension of Rs. 50,000/- every month till their death or attaining majority.”.It also provided for mediclaim facilities and insurance schemes for lawyers and their dependents..As regards disciplinary issues, the idea of having an in-house mechanism was floated. To make the mechanism stronger, it was suggested that three-fourths of the disciplinary committee consist of retired judges of the high court and retired district judges, for the BCI and other state bar councils respectively..Apart from influencing the functioning of Indian law firms and the operation of foreign law firms in the country, the BCI wants to administer “a Common Entrance Test for admission in the Institutions imparting Legal Education in the Country”..It is pertinent to note that these are only draft amendments and that the committee may not agree with all of them. It will be most interesting to see what amendments to the Act it eventually suggests.