Source: The Hindu

Why in News?

Recently, the Lok Sabha has passed the Advocates (Amendment) Bill, 2023 to repeal the Legal Practitioners Act of 1879 and amend the Advocates Act, 1961.

What was the Background of Advocates (Amendment) Bill, 2023?

• This Bill is a part of the Central government’s effort to repeal all obsolete laws that have lost their utility.
• This Bill was introduced in Rajya Sabha on 1^st August 2023 and was passed by the upper house on 3^rd August 2023.
• The Bill will now be given to the President for her assent.

What is the Advocates (Amendment) Bill, 2023?

• This Bill amends the Advocates Act, 1961 and repeals certain sections of the Legal Practitioners Act, 1879.
• It provides for the insertion of a new section, namely Section 45A in the Advocates Act, 1961.
• It incorporates the provisions of Section 36 (power to frame and publish lists of touts in courts) of the Legal Practitioners Act, 1879 in the Advocates Act, 1961.
• The Bill provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer (not below the rank of a district collector) may frame and publish lists of touts.
  • Tout refers to a person who:
    • either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment, or
    • frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment.
• The authorities empowered to frame and publish the list of touts may order subordinate courts to hold an inquiry into the conduct of persons alleged or suspected to be touts.
• Once such a person is proven to be a tout, his name may be included by the authority in the list of touts.
• No person will be included in such lists without getting an opportunity of showing cause against his inclusion.
• Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs 500, or both.

What are the Legal Provisions Involved in it?

• The Advocates Act, 1961:
  • An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
  • This Act came into force on 19^th May 1961.
  • This Act has been in force in entire India.
  • The Act has a total of 60 sections split into 7 chapters.
• The Legal Practitioners Act, 1879:
  • This Act consolidates and amends the law relating to Legal Practitioners.
  • It came into force on 1^st January 1880.
  • It provided that an Advocate or vakil on the roll of any high Court can practice in all the courts subordinate to the courts on the role of which he was entered.
  • According to this act, the High court was empowered to make rules consistent with the act as to suspension and dismissal of pleaders and advocates.