Criticising Bar Council decision, motivated comment against judges ground for disqualification of lawyers: BCI amends Rules
Bar Council of India (BCI) has amended its Rules, to make any statement made by a lawyer which is indecent or derogatory, defamatory, motivated, malicious or mischievous against any court, judge, State Bar Council or the BCI, a ground for suspension or cancellation of licence to practice law.
Further, 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.
The new amendment was notified in the gazette on June 25.
Two new provisions were inserted in this regard in the BCI Rules:
The first was insertion of Section V in Part-VI, Chapter-II of the Bar Council of India Rules. The said amendment reads:
“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.”
