BCI AMENDED RULES - DISQUALIFICATION OF LAWYERS MAKING DEROGATORY OR MOTIVATED STATEMENTS AGAINST COURTS OF BCI

The Bar Council of India, through a notification in the gazette on 25th June 2021, amended its rules by inserting two new provisions. As per the amendments, any statement made by a lawyer which is derogatory, indecent, mischief, malicious or defamatory against the BCI, State Bar Council, Court or Judge, shall lead to cancellation or suspension of the license of that lawyer.

The first was the insertion of Section V in Part-VI, Chapter-II of the Bar Council of India Rules.

 An Advocate should gently conduct himself/herself in her/his day to day life and not commit any unlawful act. He/She shall not make any derogatory, indecent, motivated, mischief, malicious or defamatory against the BCI, State Bar Council, Court or any Judge in print, electronic media or social media.

Any such act of the Act shall amount to misconduct and shall be liable to proceed with u/s 35 or 36 of the Advocates’ Act, 1961.

The second provision inserted was Section VA.

1. Bar Council of India or State Bar Council members shall not be permitted to publish anything or make any statement in Print, electronic media or social media against any orders or resolution of concerned BCI or State Bar Council or make or use any abusive or derogatory language against the Bar Council or its office-bearers.
2. Members shall not criticise any decision of BCI or State Bar Council in the Public domain.
3. Advocates and members shall not undermine the authority and dignity of the State Bar Council or Bar Council of India.
4. Violation of the provision would result in suspension or disqualification of the license of practice.

However, the provision made it clear that healthy criticism made in good faith shall not be construed as MISCONDUCT.

Author: Papiha Ghoshal