BCI decides to keep amendments to new Rules in abeyance, adds it shall not succumb to undue pressure of those indulging in "nefarious activities"

The Bar Council of India (BCI) has decided to keep the newly amended rules related to "Misconduct" in abeyance.

The BCI has stated that it shall formulate a Committee to review the rules.

"The Council has resolved to constitute a Committee to review the Rules. The Committee shall be requested to submit its report within 3 weeks. it has been resolved that till the report of the Review Committee is received, considered and acted upon by the Council, the operation/implementation of the amended rules published in Gazette Notification dated 26.06.2021 in Extraordinary Part-III-Section-4 with respect to Amendment in Part-VI, Chapter-II of Bar Council of India Rules relating to the conduct of Advocates shall be kept in abeyance," the press release of the BCI stated.

While adding that it shall not succumb to undue pressure by those indulging in nefarious activities, the BCI added that the undeserving elements are required to be weeded out in light of the changing times and with the advent of social media. They were notified on June 25, 2021.

"It has been observed that many advocates indulge in increasing misuse of social and electronic media which make the whole community fall in the estimation of general public, so, it has become necessary to make necessary changes in the existing Rules," the BCI said.

The amendments to the rules have added two aspects to the existing tenets

Section V (‘Duties towards Society and Bar’):
Section V-A (‘Code of conduct and disqualification for members of Bar Councils’) of the Bar Council of India Rules

The result of the amendments was that a number of lawyers had expressed dissent with these amendments which in effect stated that a lawyer making any statement which is indecent or derogatory, defamatory, motivated, malicious or mischievous against any court, judge, State Bar Council or the BCI, may be a ground for suspension or cancellation of their enrolment.

Petitions have already been filed across the country challenging the said rules, including before the Supreme Court.

The amendments further said that criticising or attacking any decision of any State Bar Council or Bar Council of India on public domain will also amount to "misconduct", which could attract disqualification or suspension.