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CJI yet to approve new rules: Bar Council of India to Kerala HC
The BCI said the committee is constituted to address concerns expressed by some members of the Bar. In a press statement, the BCI stated, “The Committee shall consist of some senior Advocates, representatives of State Bar Councils and High Court and other Bar Associations, besides five Members of Bar Council of India.”
The Bar Council of India (BCI) on Wednesday told the Kerala high court that Chief Justice of India NV Ramana is yet to approve the latest amendments introduced to the BCI rules relating to the conduct of advocates. The BCI on Wednesday also constituted a committee to review its recently amended rules.
The BCI said the committee is constituted to address concerns expressed by some members of the Bar. In a press statement, the BCI stated, “The Committee shall consist of some senior Advocates, representatives of State Bar Councils and High Court and other Bar Associations, besides five Members of Bar Council of India.”
The amendments whipped up a major controversy within the legal fraternity. According to one of the amendments, if an advocate makes a statement that is indecent or derogatory or mischievous against any court or judge, state bar council or the BCI, it can be a ground for suspension or cancellation of their licence to practice law.
A member of the Kerala Bar Council moved the HC, challenging the amendments. In his plea, petitioner Rajesh Vijayan said these amendments infringe upon freedom of speech and expression. The petitioner contended that the new rules are unconstitutional since they violated Articles 14, 19 (1A) and 19 of the Constitution. They are also against the decision laid down by the apex court related to the freedom of speech and expression.
Replying to these contentions, the counsel for the BCI said these rules are still pending for the approval of the Chief Justice of India.
Meanwhile, the BCI said that the review committee will take into consideration the representations received from some of the associations and it will frame the rules after noticing the issues raised by all concerned.
“...Till the report of the Review Committee is received, considered and acted upon by the Council, the operation/implementation of the amended rules published in Gazette Notification dated 26.06.2021 in Extraordinary Part-III-Section-4 with respect to Amendment in Part-VI, Chapter-II of Bar Council of India Rules relating to the conduct of Advocates shall be kept in abeyance...,” stated BCI’s press statement
The BCI has on June 26 amended its rules making ‘derogatory’, ‘defamatory’ criticism of judges, courts or Bar Council by practising advocates in media ground for disqualification or suspension.
In a notification, the BCI said that practising advocates “shall not make any statement in the print, electronic or social media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any court or judge or any member of judiciary or against State Bar Council or Bar Council of India, nor shall any advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and result in suspension or removal of membership of such member from the Bar Council.”
“An advocate shall conduct himself/herself as a gentleman gentle lady in his/her day to day life and he/she shall not do any unlawful act,” it added.
