Bar Council Suspends The Operation Of The Newly Amended BCI Rules; Decides To Constitute A Committee For Review

Background

• A writ petition was filed before the Kerala High Court condemning the New Rules imposed by the Bar Council of India (BCI).
• It was alleged that the said Rules prohibited the Bar from exercising its fundamental right to freedom of speech and expression.
• It also stated that the amendment was not approved by the Chief Justice of India (CJI) which is mandatory for its validity under Section 49 of the Advocates Act.
• Amidst the opposition, the BCI has decided to constitute a committee to review the amendment, and until then the rules are to be suspended.

What are the impugned rules of the BCI

• The impugned Rules were made by amending Part VI, Chapter II of the Bar Council of India Rules, with the insertion of Sections V and V-A thereunder.
• Section V prohibits Advocates from making derogatory, or defamatory remarks against the Bench as well as the BCI and State Bar Councils.
• Section V-A further imposes a penalty for its violation. Advocates violating the newly added rules shall be suspended or removed from membership.
• Further, such members shall also be disqualified from contesting the elections of any Bar Association or Bar Council. For this purpose, a 3-member Committee is to be constituted.

Relief Claimed

• To hold the new BCI Rules as unconstitutional for being violative of Articles 14, 19(1)(a), and 21 of the Indian Constitution.
• To direct the BCI to get the approval of the Chief Justice India as required Section 49 of the Advocates Act.
• An interim relief to stay the operation of the rules was also pleaded.

What did the Bar Council say

• The New Rules have not yet received the approval of the CJI, and therefore, is not in operation at present, the BCI submitted to the Kerala High Court.
• The BCI released a press statement stating that the Rules were inserted with the aim of strengthening the professional etiquette and conduct of the Bar, and to improve the standard of the Profession.
• The Bar Council has decided to go for a review, and a new Committee would be constituted by the BCI Chairman for this purpose.
• The Committee will consist of senior Advocates, members of Bar Council of India and State Bar Councils, and representatives of High Courts. Members of other Bar Associations may also comprise the committee.
• The Committee is expected to give its review within three weeks, and the recommendations will be considered thereafter.
• The newly added Rules will be kept in reserve until then.

What are your opinions on the New Bar Council Rules and the current decision of the BCI?