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"It has been noted that many activists are increasingly misusing social and electronic media," the BCI stated. "As a result, it has become necessary to make required adjustments in the existing Rules." The Bar Council of India (BCI) has decided to postpone the implementation of its most recent adjustments to the BCI Rules until a review committee established to evaluate the changes presents a report. Various members of the Bar have expressed reservations about the revisions, prompting this conclusion.. "The Council has decided to form a committee to study the Rules of Procedure. The Committee will be given three weeks to produce its report. 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 until the Report of the Review Committee is received, considered, and acted upon by the Council "According to a BCI press release. The BCI, on the other hand, stated that it will not bow to undue pressure from those who have been involved in "nasty and criminal acts and have been maligning the profession's reputation." The BCI stated that the revisions to the Rules were made to maintain the profession's standards and to weed out unworthy elements. The rules had to be changed because they were written before social media platforms existed. "It has been noted that many advocates are increasingly misusing social and electronic media, causing the entire community to plummet in the public's opinion," the BCI said. "It has thus become imperative to make required modifications in the existing Rules." It went on to say that the Review Committee will now evaluate the Bar's representations and will draught the Rules after taking into account the objections expressed by all parties involved. The new modifications included two new sections to Chapter II of Part VI of the Bar Council of India Rules: Section V (‘Duties towards Society and Bar') and Section V-A (‘Code of conduct and disqualification for members of Bar Councils'). On June 25, 2021, the revisions were published in the official gazette. The modifications generated quite a stir because they allow for the suspension or cancellation of a lawyer's licence to practise law if he or she makes any indecent or disparaging, defamatory, motivated, malicious, or mischievous statement about any court, judge, State Bar Council, or the BCI. The amendments further said that criticising or attacking any decision of any State Bar Council or Bar Council of India on public domain will also amount to "misconduct", which could attract disqualification or suspension. Petitions were filed before the Supreme Court, Kerala High Court and Himachal Pradesh High Court challenging the amendments. When the matter came up for hearing on Wednesday before the Kerala High Court, the BCI counsel submitted that the changes are yet to receive the approval of Chief Justice of India (CJI), NV Ramana. According to proviso to Section 49(1) of the Advocates Act, approval of the CJI is necessary before amendments to the Rules, in this case regarding the conduct of advocates, can come into force.
Tags : #BCIRules #BCI #AdvocatesAct #Amendment
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