Breaking- Criticizing Bar Council Decisions Amounts To Misconduct: BCI Amends Rules 'To Improve Standards Of Professional Conduct & Etiquette For Advocates'

The Bar Council of India has amended rules to make 'criticism' and 'attack'  of Bar Council decisions by members a misconduct and ground for disqualification or suspension or removal of membership of a member from the Bar Council.

The Amended Rules, which have been notified in the Gazette on Friday (25th June 2021), says that 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.

He/she 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 such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates' Act, 1961, the Rules read.

The Council states that the amendments are made to address issues with regard to misconduct by Advocate/s and to improve the standards of professional conduct and etiquette for Advocates.

The following are important takeaways: 

Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life

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, he/she 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 such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates' Act, 1961

(i) No Member of any State Bar Council or of Bar Council of India shall be permitted to publish anything or to make any Statement or Press-Release in Print, Electronic or Social Media against any Resolution or Order of concerned State Bar Council or Bar Council of India or to make/use any derogatory or abusive language/comment/s/ word/s against the Bar Council or its office-bearers or members.

(ii) The Decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain.

(iii) No Advocate or any Member of any State Bar Council or the Bar Council of India shall undermine the dignity or authority of the State Bar Council or Bar Council of India.

Violation amounts to Misconduct, can result in disqualification, suspension or removal

"The Violation of this above mentioned clause (i) to (iii) of this code of conduct may amount to other misconduct under Section 35 of Advocates Act, 1961, and /or violation of Section-V and/or V-A shall result in suspension or removal of membership of such member from the Bar Council. The Bar Council of India may declare such Advocates (as mentioned above in Section-V) or any Member of Bar Council to be disqualified from contesting the elections of any Bar Association or Bar Council for any period, depending on the gravity of the misconduct. The State Bar Council/s may refer the matters of misconduct or violation of these Rules by any of its members to Bar Council of India.", the Rules add.

The Rules clarify that a healthy and bona-fide criticism made in good faith, shall not be treated as a "misconduct".

Procedure for declaring disqualification

1. For declaring any Advocate or Member of Bar Council as disqualified from contesting the elections as aforesaid, Bar Council of India shall be required to hold an inquiry by a "3 Member Committee" headed by a Former Chief Justice or a former Judge of any High Court. The Committee shall be constituted by the Bar Council of India and may consist of any member of Bar Council of India or a Member or Office-Bearer of any State Bar Council or any Advocate with a minimum of 25 years of standing at the Bar.
2. After any such reference of any case by Bar Council of India, the committee shall issue notice to the concerned Advocate(s)/ Member(s) and give him/her/them opportunity of hearing. Bar Council of India shall take its decision after consideration of the report of the Committee.
3. The proceedings for disqualification before the Bar Council of India and/or the Committee/s constituted by it shall follow the norms of natural Justice and it will be deemed to be an order passed under Section 49(1)(a) or 49(1)(ab).

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