What happened
The Peshawar High Court recently sent notices to the Pakistan Bar Council (PBC) and Khyber Pakhtunkhwa Bar Council (KPBC) as two lawyers suspended their practising licences. What's their offense? Showing up in court while lawyers were on strike, rather than taking part in the protest.
Why it matters
Bar councils in Pakistan are well-disciplined and order 'self-regulatory' systems of discipline – they regulate the licences and discipline the lawyers and even impose order on political participation by lawyers. The discipline system also enforces the 'self-imposed' order of a strike. Opponents of the strike system contend that they engender delay in justice and victimize the clients. Supporters of the strike stance contend that these steps are the only means to protest judicial and political injustice.
Legal consequences
This case poses a whole series of constitutional issues. For instance, can a bar council suspend a licence for merely working during a strike? This also touches on the question of professional autonomy (right to practice) vis-a-vis collective solidarity (compliance with the bar decision overall).
Amendments to the Legal Practitioners and Bar Councils Act, 1973
What changed
In 2025, the government altered the master law once more, to raise the minimum period of experience for lawyers to run for bar councils from 10 to 15 years.
Why it's controversial
• Younger members of the profession argue that this restricts their advocacy choices and enhances the domination of bar politics by senior lawyers.
• Others argue that it strengthens the quality of governance, as more experienced lawyers are less susceptible to political pressure and more accountable.
Legal and political effect
• The high court amendments have been considered discriminatory and sued as anti-democratic.
• If these amendments are unconstitutional, it could establish the new precedent redefining the manner in which bar councils regulate the level of seniority against the involvement of the youth.
Wider perspective
This is a mirror to the generational difference within the legal fraternity of Pakistan, where young, activist lawyers contrast with traditional old-timers who control bar politics.
3. Lawyers' Protests Against Constitutional and Legal Changes
What caused protests
Bar councils all over Pakistan recently opposed the 26th Constitutional Amendment, charging it undermines judicial independence.
Amendments to the Prevention of Electronic Crimes Act (PECA), which lawyers claim can be used against dissent.
Some mega canal and infrastructure projects, considered unconstitutional or environmentally damaging.
Why lawyers are engaged
This is so because Pakistani lawyers have always played a prominent political role - from the Lawyers' Movement (2007–2009), which reinstated Chief Justice Iftikhar Chaudhry, to current protests regarding judicial and constitutional issues.
Implications
• Demonstrates the legal profession still remains a major political force.
• Suggests issues about judicial independence and excessive executive power.
• Could affect future public constitutional litigation and public constitutional debate.
4. Professional Misconduct and Enforcement of Ethics
Recent example
The Punjab Bar Council suspended the licence of a lawyer for allegedly harassing his former wife on social media. Though this was a personal matter, it was dealt with as professional misconduct.
Significance
• Encompasses ethical regulation beyond the courtroom and into private spheres, even if private spheres are virtual.
• Demonstrates comprehension of responsibility regarding workplace harassment and professional responsibility.
Broader impact
• Professionalism in every aspect of life is to be anticipated from the legal profession.
• Demonstrates that Bar Councils are embracing social norms and online ethics along with courtroom discipline.
5. Taxation and Financial Regulation of Lawyers
Issue
There were rumors that the Khyber Pakhtunkhwa Finance Bill 2025 introduced new taxes targeting lawyers.
The KP Revenue Authority explained that no new tax was introduced; the current Rs. 500 "sales tax per case" of the 2024 Act remains in effect.
Why this matters
• Most lawyers, particularly sole practitioners, operate on a cash and informal basis. Tax regulation is therefore promoting informality but from an administration point of view, it is a curse.
Various tax regulations in different areas don't help to simplify things.
Implications
• Trends in policy are towards formalisation of the legal sector.
• Lawyers should anticipate an increased requirement for record-keeping and timely filing of tax.
• Arguments can arise for taxing legal services offered as social services.
Conclusion
An insight into Pakistan's future gives an insight into the changes happening in its legal profession.
• Activism is no longer foil the profession, but accountability is becoming the norm expected.
• Politics in the bars is fine, but exerting substantive influence on the legal
• Legal practice scope is now a constellation of social, ethical, and political.
The role of a lawyer is no longer confined in the court. The profession becomes a participant in all aspects of the political, civic, and constitutional life of the nation.
