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Plea filed in SC: Amended Bar Council of India Rules violates Fundamental Rights

Team SoOLEGAL 1 Jul 2021 11:12am

Plea filed in SC: Amended Bar Council of India Rules violates Fundamental Rights

Two practising advocates from Mumbai and Kerala filed petitions seeking urgent intervention by the Supreme Court to stay the operation of the impugnedBar Council of India Rules and proclaim them to be void and ultra-virus to the Constitution of India.

The amendment in question was notified officially on June 25, 2021, through a gazette. The recent amended Rules preclude criticism of the administrative body just as State Bar Councils throughout the nation. The council has added two sections to the Rules, Sections V and V-A to Chapter-II, Part VI, which any Bar Council member cannot criticize Bar Council of India and State Bar Council in a public forum. The Rules also mention that “attack” or “criticism” shall be considered as grounds of suspension or disqualification or withdrawal of membership on the member doing so. The impugned Rules have been challenged for being violative of Articles 14, 19(1) (c)and 21 of the Constitution and Advocates Act, 1961.

The petition also states,“It is unthinkable for a body like that of the Bar Council of India to bring an amendment of such ramifications, stifling the very freedom of speech and expression without which the very right to life is meaningless, keeping the Bar and the public at large in darkness.

Furthermore, submissions were made with reference to first proviso ofSection 49 (1) of the Advocates Act reiterating that any rules made under the abovementioned provision will only come in effect if approved by the CJI. But, the notification in question does not disclose of any such approval made by the CJI.

On these grounds, the plea obtained proclamation on the previously mentioned provisions to be illegal and unconstitutional. 



Tagged: Amended Bar Council   BCI   BCIRules   Fundamental Rights   Supreme Court   Mumbai   Kerala   Indian Constitution   State Bar Councils   Bar Council member   Advocates Act   CJI  
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