Team  SoOLEGAL

Criticism of Bar Council decision is considered misconduct: BCI amends Rules to improve standards of professional conduct and etiquette for advocates

Team SoOLEGAL 28 Jun 2021 4:26pm

Criticism of Bar Council decision is considered misconduct: BCI amends Rules to improve standards of professional conduct and etiquette for advocates

After a meeting on June 3, 2021, the Bar Council of India changed its rules to include "criticism" and "attack" of Bar Council decision by members as misconduct and grounds for disqualification, suspension, or expulsion of a member from the Bar Council. According to the Amended Rules, which were published in the Gazette on Friday, an Advocate must conduct himself/herself as a gentleman/gentle woman in their daily lives and must not do any unlawful acts.

“The proposed amendments in Chapter II of Bar Council of India and also addition of Section 5, were considered, in order to clarify some issues concerning the conduct and etiquettes of Advocates and/or office-bearers of Bar Associations, and Members of Bar Councils.”The amendments were made in order to address the issues regarding misconduct by advocates, as it was not previously mentioned in the Preamble or any Section of Chapter II. These Rules have beenadded in order to maintain and improve Advocates' professional conduct and etiquette.

The following Section-V shall be added in Part-VI, Chapter-II of the Bar Council of India Rules: —

Section-V: Duties towards Society and Bar: An Advocate shall conduct as gentleman/gentlelady in their daily life and shall not do any unlawful act or shall not make any derogatory, defamatory or motivated, malicious statement in the Print, Electronic or social media against any Court or Judge or Bar Council of India, and in case of any such misconduct, advocate would be liable under Section 35 or 36 of the Advocates Act, 1961. 

Section-VA: — Code of conduct and Disqualification for members of Bar Councils: (i) No member of a State Bar Council or the Bar Council of India may publish anything or issue a statement or press release in print, electronic, or social media in opposition to any Resolution or Order of the concerned State Bar Council or the Bar Council of India, or make or use any derogatory or abusive language/comment/word/s against the Bar Council or its office-bearers or members.

(ii) Any decision of a State Bar Council or the Bar Council of India must not be criticised in the public arena by any member of the Bar Council.

(iii) No advocate or any member of a State Bar Council or the Bar Council of India may belittle the dignity or authority of the State Bar Council or the Bar Council of India.

(iv) Any violation of the above-mentioned clauses (i) to (iii) shall be amount to misconduct under Section 35 of Advocates Act, 1961 and violation of Section V and V-A and shall result in suspension or removal of membership of such members from the Bar Council.

(v) The Bar Council of India shall be obliged to undertake an enquiry by a "3 Member Committee" headed by a former Chief Justice or a former Judge of any High Court before declaring any Advocate or Member of Bar Council barred from contesting the elections as specified. 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.

(vi) After the Bar Council of India refers a case, the committee will notify the relevant Advocate(s)/Member(s) and provide him/her/them an opportunity to be heard. After considering the Committee's findings, the Bar Council of India will make a judgement.

(vii) 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).



Tagged: Bar Council   Amended Rules   BCI   Advocates Act   Justice   judges   court  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com