New Delhi: The Bar Council of India (BCI) has released a proposed amendment to the Advocates Act 1961 that calls for the statutory registration of law firms, giving collective practice structures a formal identity under the Act for the first time.
Described as one of the most comprehensive reforms of the profession in decades, the Draft Advocates (Amendment) Bill, 2026 proposes to insert a new clause formally defining a law firm as a partnership under the Indian Partnership Act, 1932, a limited liability partnership under the LLP Act, 2008, a company incorporated under the Companies Act, 2013, or any other body consisting of advocates engaged in the practice of law.
The 1961 Act recognises only individual advocates enrolled on State rolls. Partnerships and LLPs of lawyers have existed under general corporate or partnership law, but lack statutory identity within the legal profession.
A partner or owner of a law firm may apply to the Bar Council of India (BCI) for registration under the new framework. Once registered, firms will be subject to rules framed by the BCI, the apex regulatory body for the legal profession and education in India.
The Bill has been circulated by the BCI for consultation with stakeholders. It is explicitly described as a proposal open to recommendations and suggestions, with the Council inviting inputs until 31 July 2026.
The Draft Advocates (Amendment) Bill 2026 also proposes the introduction of a framework for foreign lawyers and foreign law firms in India. It makes clear that while foreign lawyers may register for limited purposes, such registration does not amount to enrolment as an advocate under the Act. They are expressly barred from appearing before Indian courts, tribunals, or statutory authorities, with the sole exception of participating in international commercial arbitration where foreign law governs the dispute.
The Bill also introduces a ‘fly‑in, fly‑out’ provision allowing foreign lawyers to engage temporarily in permitted advisory work, subject to prescribed limits. Further, all rules governing foreign lawyers and firms require prior approval of the central government, ensuring oversight in line with diplomatic and regulatory considerations.
The Bill also expands the welfare responsibilities of State Bar Councils and the Bar Council of India by expressly enabling the creation of funds and trusts for insurance, pension, medical relief and social‑security schemes.
These provisions cover financial assistance and support to deserving advocates, assistance for advocates with disabilities and benefits for dependents. Funds collected by State Bar Councils are to be distributed to Bar Associations, ensuring that welfare reaches members directly.
The Bill also introduces a historic increase in women’s representation by reserving elected seats and creating co‑opted positions across all categories of State Bar Councils. Councils with electorates up to 5,000 will have two elected women and one co‑opted woman; those between 5,000–10,000 will have three elected women and two co‑opted women; and councils above 10,000 will have four elected women and three co‑opted women.
The co‑option mechanism ensures representation from unrepresented areas and allows deserving women who may not contest elections to contribute.
In the earlier draft of 2025, the Bar Council of India had proposed strict rules against strikes and collective action by lawyers. These provisions included disciplinary proceedings against office‑bearers of Bar Associations who supported strikes, as well as heavy fines and punishments for advocates for serious disciplinary violations. In the 2026 draft, however, all such punitive measures have been removed.
(Edited by Nardeep Singh Dahiya)
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