BCI constitutes Committee to Review its Recent Amendment regarding Professional Misconduct

Misconduct - BCI - Taxscan

The Bar Council of India (BCI) constituted the Committee to Review its recent amendment regarding Misconduct.

The BCI said that the committee is constituted to address concerns expressed by some members of the Bar.

The Bar Council of India has decided to review the said rules relating to misconduct.

The BCI stated, the Committee shall consist of some senior Advocates, representatives of State Bar Councils and High Court and other Bar Associations, besides five Members of Bar Council of India. The Committee shall be requested to submit its report within 3 weeks. Thereafter, the Council will proceed to act in accordance with the provisions of Advocates Act, 1961.

As per the notification dated June 26, 2021, issued by the BCI “An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India.”

The review committee will take into consideration the representations received from some of the associations and it will frame the rules after noticing the issues raised by all concerned.

“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,” stated BCI.

The BCI in notification avers that no prudent and real Advocate would oppose such steps of Bar Council of India; And only those who are not in active practice, but, always indulge in nasty and nefarious activities and have been maligning the image of the profession raise a hue and cry when meaningful steps are taken to preserve the dignity of the profession. Some people are in the habit to object to each and every reformative step, but, Bar Council of India is not going to succumb to any such undue pressure.

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