Central government introduces Advocates (Amendment) Bill, 2023 in Parliament

Union Minister of State (independent charge) for Law and Justice Arjun Ram Meghwal on Monday introduced the Advocates (Amendment) Bill in Parliament in light of the Central government's endeavour to repeal "all obsolete laws or pre-independence Acts" that have lost their utility..The government, in consultation with the Bar Council of India (BCI), has decided to repeal the Legal Practitioners Act, 1879 and amend the Advocates Act, 1961. The Bill aims at incorporating the provisions of Section 36 of the Legal Practitioners Act, 1879 in the Advocates Act, 1961 in order to reduce the number of “superfluous enactments” on the statute books. Section 36 of the Legal Practitioners Act deas with the power to frame and publish lists of touts in courts..Speaking to the media outside Parliament, Meghwal said,"The Advocates (Amendment) Bill will be introduced in the Rajya Sabha. Section 36 deals with touts. The Bill will retain the provision. There are certain individuals in courts who influence judges, lawyers and litigants. One needs to be wary of such individuals.".The Bill proposes enactment of a new Section 45A in the Advocates Act. It therefore proposes regulation of the legal profession by a single Act.“All the aspects which are dealt with in the Legal Practitioners Act, 1879 are already covered under the Advocates Act, 1961 except the matter relating to ‘touts’. All sections of the Legal Practitioners Act, 1879, except sections 1, 3 and 36 have been repealed vide clause (a) of sub-section (5) of section 50 of the Advocates Act, 1961," the Bill states..A tout is defined under this provision as:"(d) "tout" means a person— (i) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or(ii) who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-offices, or railway stations, landing stages, lodging places or other places of public resort.".Every High Court and subordinate court, as well as revenue officer not being below the rank of a Collector of a district, may frame and publish lists of touts for respective courts. A copy of this list is required to hung up in the court to which the list relates.Any person whose name is included in any such list shall be punishable with imprisonment which may extend to three months, or with fine which may extend to ₹500, or both..[Read Bill]