{"id":38468,"date":"2023-12-05T11:45:51","date_gmt":"2023-12-05T06:15:51","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=38468"},"modified":"2025-04-23T11:19:45","modified_gmt":"2025-04-23T05:49:45","slug":"advocates-amendment-bill-2023","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/advocates-amendment-bill-2023\/","title":{"rendered":"Advocates (Amendment) Bill, 2023"},"content":{"rendered":"<h2>What\u2019s in Today\u2019s Article?<\/h2>\n<ul>\n<li>Why in the News?<\/li>\n<li>About Advocates (Amendment) Bill, 2023<\/li>\n<li>Key Features of Advocates (Amendment) Bill, 2023<\/li>\n<li>News Summary<\/li>\n<li>What is the Process of Appointment of High Court Judges?<\/li>\n<\/ul>\n<h2>Why in the News?<\/h2>\n<ul>\n<li>During a debate on the Advocates (Amendment) Bill, 2023 in the Lok Sabha, Law Minister Arjun Ram Meghwal said that the central government is open to a policy on transfer of high court judges.<\/li>\n<li>The Bill has been passed by the Lok Sabha.<\/li>\n<\/ul>\n<h2>About Advocates (Amendment) Bill, 2023<\/h2>\n<ul>\n<li>The Advocates (Amendment) Bill, 2023, was introduced in the Rajya Sabha in August, 2023.<\/li>\n<li>It amends the Advocates Act, 1961. The Bill repeals certain sections related to touts under the Legal Practitioners Act, 1879.\u00a0<\/li>\n<li>The 1961 Act consolidates the law related to legal practitioners and constitutes Bar Councils and the All-India Bar.<\/li>\n<li>The Bill, which was already passed in the Rajya Sabha during the Monsoon Session, aims at regulating the legal profession by a single act and seeks to target touts.<\/li>\n<\/ul>\n<h2>Key Features of Advocates (Amendment) Bill, 2023<\/h2>\n<ul>\n<li>Touts:\n<ul>\n<li>The Bill provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer may frame and publish lists of touts.<\/li>\n<li>Tout refers to a person who:\n<ul>\n<li>either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment, or<\/li>\n<li>frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment.<\/li>\n<\/ul>\n<\/li>\n<li>The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.<\/li>\n<\/ul>\n<\/li>\n<li>Preparation of lists:\n<ul>\n<li>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.<\/li>\n<li>Once such a person is proven to be a tout, his name may be included by the authority in the list of touts.<\/li>\n<li>No person will be included in such lists without getting an opportunity of showing cause against his inclusion.<\/li>\n<\/ul>\n<\/li>\n<li>Penalty:\n<ul>\n<li>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.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<h2>News Summary<\/h2>\n<ul>\n<li>During a debate on the Advocates (Amendment) Bill, Union Law Minister informed the Lok Sabha that the Central government is open to a policy on transfer of high court judges.<\/li>\n<li>He said that after 1993, when the Collegium system came into place, the Supreme Court Collegium recommends transfer and appointment of judges.<\/li>\n<\/ul>\n<h2>What is the Process of Appointment of High Court Judges?<\/h2>\n<ul>\n<li>Under Article 217 of the Constitution of India, the President appoints High Court judges.<\/li>\n<li>The Chief Justice of a High Court is appointed by the President after consultation with the Chief Justice of India (CJI) and the Governor of the state concerned.<\/li>\n<li>For appointment of other judges, the Chief Justice of the concerned High Court is also consulted.<\/li>\n<li>This consultation process has been interpreted by the Supreme Court in the Third Judges case (1998) in the following manner:\n<ul>\n<li><u>The CJI has to consult a collegium of two senior-most judges of the Supreme Court<\/u>.<\/li>\n<li>After consultation, the CJI recommends names to the President for appointment.<\/li>\n<li>The President, in case of objection, can send the recommended names back to the collegium, to reconsider, with reasons in writing.<\/li>\n<li>After reconsideration, if the collegium reiterates its recommendations, the President has to appoint the recommended names as Judges.<\/li>\n<\/ul>\n<\/li>\n<li>Transfer of Judges:\n<ul>\n<li>Currently, the President can transfer a judge from one High Court to another, after consulting the Chief Justice of India.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is the minimum eligibility criteria for becoming Supreme Court Judge?<\/h3>\n<p>\u00a0In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been: for at least five years, a Judge of a High Court or of two or more such Courts in succession, or. an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or.<\/p>\n<h3>Q2) What is the meaning of the word collegium?<\/h3>\n<p>A group in which each member has approximately equal power and authority.<\/p>\n<hr \/>\n<p><strong>Source: <\/strong><a href=\"https:\/\/www.thehindu.com\/news\/national\/parliamentary-proceedings-bill-aimed-at-regulating-legal-profession-curbing-touts-passed-by-parliament\/article67604895.ece\" target=\"_blank\" rel=\"nofollow noopener\"><u>Lok Sabha passes Advocates (Amendment) Bill to weed out touts from court complexes<\/u><\/a> | <a href=\"https:\/\/indianexpress.com\/article\/india\/centre-open-to-policy-on-transfer-of-high-court-judges-says-law-minister-9054609\/\" target=\"_blank\" rel=\"nofollow noopener\"><u>Indian Express<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Advocates Bill, 2023 aims to replace Advocates Act, 1961.<\/p>\n","protected":false},"author":5,"featured_media":38469,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[18],"tags":[],"class_list":{"0":"post-38468","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-mains-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/38468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=38468"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/38468\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/38469"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=38468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=38468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=38468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}