Delhi High Court Directs GNCTD to Share Draft 'Advocate Protection Bill, 2024' with Bar Coordination Committee - 2025-04-21

Transparency in Drafting: Delhi High Court Orders GNCTD to Share Advocate Protection Bill Draft

In a significant move toward inclusive legislative processes, the High Court of Delhi has directed the Government of National Capital Territory of Delhi (GNCTD) to provide the Coordination Committee of All District Courts Bar Associations with a copy of the "Advocate Protection Bill, 2024."

The order, passed by Justice Sachin Datta, addresses a procedural deadlock where the representative body of Delhi lawyers had been kept in the dark regarding the final status of the draft legislation intended to safeguard their community.

Navigating the Legislative Bottleneck

The matter arose during the ongoing proceedings of Deepa Joseph & Anr. v. Union of India & Ors. (W.P.(C) 4555/2023). The Coordination Committee, acting as respondent no. 4, moved the court seeking access to the current iteration of the bill.

It was noted during proceedings that the Law Department of the GNCTD had finalized a draft of the 2024 bill after reviewing the earlier version submitted by the Bar associations. However, this updated draft had reached the desks of the Council of Ministers without being shared with the very professional body it is intended to protect.

A Quest for Collaborative Drafting

The core of the dispute was a request for transparency. The bar associations argued that for the bill to be effective and reflective of ground-level challenges faced by legal practitioners, they must be allowed to review the final draft and offer representations.

The GNCTD acknowledged the existence of the draft, clarifying that its eventual enactment would constitute a "policy decision" requiring the approval of the Council of Ministers. The Court, prioritizing the importance of stakeholders’ input in matters concerning the legal profession, allowed the application.

Key Observations

Justice Sachin Datta emphasized the importance of stakeholder participation in the following observations:

• "The limited request of the applicant is that the final draft of Advocate Protection Bill, 2024 be provided to them, so that they get an opportunity to give any representation that they seek to with regard to the provisions thereof."
• "In the circumstances, the present application is allowed. The GNCTD is directed to provide a draft of the Advocate Protection Bill, 2024 to the applicant."
• "Let the GNCTD take further expeditious steps, as may be deemed expedient, for enacting the bill."

Implications and Future Steps

The Court’s intervention provides a clear pathway for the Coordination Committee to engage with the government’s proposed legislation. By mandating the disclosure of the draft, the court has underlined the necessity of ensuring that the mechanisms for "Advocate Protection" are shaped by institutional input.

The GNCTD has been directed to submit a fresh status report within four weeks, with the next hearing scheduled for May 28, 2025. As the legal community awaits the draft, the movement toward the enactment of the Advocates’ Protection Bill in Delhi appears to be gaining renewed, albeit deliberate, momentum.