‘Criticism’ and ‘Attack’ by Advocates on Bar Council’s decisions amounts to Misconduct: BCI [Read Notification]

The Bar Council of India (BCI) on Friday notified the amendment in the rules stating that the ‘Criticism’ and ‘Attack’ on Bar Council’s decisions amounts to Misconduct with the objective to improve the Standards Of Professional Conduct and Etiquette for Advocates.

The notification said 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 nor shall

any Advocate engaged in any willful violation, disregard or defiance of any resolution or order of the State Bar  Council  or  Bar  Council  of  India  and  any  such act/conduct  shall  amount  to  misconduct  and  such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates’ Act, 1961.

The notification while prescribing the Code of conduct and Disqualification for members of Bar Council said that no Member of any State  Bar Council or of Bar Council of India  shall be  permitted  to publish anything  or  to  make  any  Statement  or  Press-Release  in  Print,  Electronic  or  Social  Media  against  any Resolution or Order of concerned State Bar Council or Bar Council of Indiahttps://www.taxscan.in/tag/bar-council-of-india/ or to make/use any derogatory or abusive language/comment/ words against the Bar Council or its office-bearers or members.

“The  Decision  of  any  State  Bar  Council  or  Bar  Council  of  India  shall  not  be  criticized  or attacked by any Member/s of Bar Council in public domain. No  Advocate  or  any  Member  of  any  State  Bar  Council  or  the  Bar  Council  of  India  shall undermine the dignity or authority of the State Bar Council or Bar Council of India” the BCI in the notification said.

The act of criticism shall result in suspension or removal of membership of such members from the Bar Council. The Bar Council of India may declare such Advocates or any Member of Bar Council to be disqualified from contesting the elections of any Bar Association or Bar Council for any period, depending on the gravity of the misconduct. The State Bar Council/s may refer the matters of misconduct or violation of these Rules by any of its members to the Bar Council of India.

However, the notification clarified that a healthy and bona-fide criticism made in good faith, shall not be treated as a “misconduct”.

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