Breaking: New BCI Rules Which Prohibits Criticism Of Its Decisions Has Not Taken Effect, Waiting For CJI's Approval:BCI Tells Kerala High Court

The Bar Council of India on Wednesday submitted before the Kerala High Court that the new Rules which prohibits criticism and dissent against the BCI and other Bar Councils has not  taken effect.

The Single Bench of Justice P.B. Suresh Kumar was hearing a petition seeking a declaration that the recently inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules are unconstitutional and violative of Articles 14, 19 (1) (a), and 21.

Advocate Santhosh Mathew on behalf of the petitioner contended that the newly added rules infringed on the constitutionally protected freedom of speech and expression of the petitioner in his capacity as an Advocate and as a Bar Council member.

He submitted that there was an uncertainty revolving around whether these Rules are currently in effect. It was also argued that the BCI has failed to notify if they have obtained the approval from the CJI before such insertion, which is a statutory requirement.

On these grounds, the petitioner sought to declare the aforementioned Rules unconstitutional and illegal.

Justice P.B. Suresh Kumar observed that the proviso to Section 49(1) of the Advocates Act permitted the notification of Rules without any approval, but they will only have effect after the CJI has approved them.

Advocate Rajit while appearing for the BCI, submitted that these Rules were not in effect as of now and that the CJI's approval was pending in the matter.

The High Court has admitted the petition and recorded the submission.

Court has given the liberty to the petitioner to move again once the rules comes in to effect. 

The petitioner Advocate Rajesh Vijayan had approached the Court aggrieved by the addition of the aforementioned provisions, which allegedly prohibited criticism and dissent against the BCI and other Bar Councils, and demanded unquestioning acceptance of all decisions taken by them.

The BCI had issued a notification last week inserting the said Sections V and V-A to the BCI Rules according to which the decision of any State Bar Council or the BCI shall not be criticized or attacked by any Member of the Bar Council in public domain.

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