BCI Amends Rules To Constitute ‘Criticism’ Of Bar Council Decisions By Members As Misconduct

BCI Amends Rules To Constitute 'Criticism' Of Bar Council Decisions By Members As Misconduct

The Bar Council of India (BCI) on Friday, vide notification dated 26.06.2021, has amended rules to include ‘Criticism’ Of Bar Council Decisions By members as misconduct and can lead to disqualification or suspension or removal of membership from the Bar Council. 

The amended rule states that any advocate shall not make any statement in any forms of media, print, electronic or social, which tends to lower the image of any court or Judge, or against the BCI or State Bar Council nor shall any advocate wilfully defy, disregard any resolution or order of the BCI or State Bar Council, and any such action shall amount to misconduct, and such advocates would be tried under Section 35 or 36 of the Advocates Act, 1961.

The following are the important rules given by the BCI:

  • The advocate shall behave in a gentleman/ gentle lady-like manner in their day-to-day life. 
  • Any violation of the Bar Council rules leads to disqualification. 
  • Advocates are not allowed to make derogatory, criticizing, or abusive Remarks on any decision made by the BCI or State Bar Council according to the code of conduct. 

However, it is given in the rules that a healthy and genuine criticism made in good faith, shall not be considered as misconduct.