Reimagining Legal Practice Under the Advocates Act 1961

M P Ram Mohan, Sidharth Sharma and Prem Vinod Parwani

IIMA Working Papers from Indian Institute of Management Ahmedabad, Research and Publication Department

Abstract: Who is called an ‘advocate’ in India – and on what terms is a deeply contested question. This question is tightly regulated by the Bar Council and the Advocates Act 1961, which together reserve the ‘practice of law’ exclusively for those enrolled as ‘advocates.’ This paper interrogates the normative and legal assumptions underlying this exclusion. In doing so, it contrasts India’s framework for legal professionals across different professions, and with those in the UK and US. By tracing the colonial history of the Act alongside its judicial interpretations, we argue that the Act creates a rigid, exclusive regime that is ill-suited to the contemporary realities of the Indian legal profession. The paper concludes by proposing legislative and regulatory reforms to align Indian legal practice with contemporary realities and global best practices.

Date: 2025-06-01
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