Bar Association victorious! BCI writes to Law Commission to withdraw proposed amendments

Putting a temporary end to the strike initiated by the Delhi Bar Association advocates, the Bar Council of India Chairman Manan Kumar Mishra has written to the Law Commission withdrawing the recommendations made by the BCI regarding proposed amendments to the Advocates Act..The decision was taken after “very strong resentment from the members of the Co-ordination Committee of All India District Courts Bar Association of Delhi”. .Lawyers from different Bar Associations in Delhi had gone on strike earlier today outside the BCI office protesting against the proposed amendments to the Act..The proposed amendments, amongst other things, ban strikes by advocates and impose fines for any misconduct by an advocate. Besides, the amendments seek to create a Disciplinary Committee consisting of government nominees and those from outside Bar Council of India to adjudge misconduct by lawyers..Manan Kumar Mishra in his letter to the Chairman of Law Commission of India, Justice BS Chauhan, stated that,.“A deliberation will take place with the members of the Co-ordination committee and thereafter, the recommendation will be sent. At the same time, through some news clippings, I have come to know that the Commission has made certain recommendations with regard to the Disciplinary Committee Proceedings and it has recommended that in such committee the government should nominate other people excluding members of the Bar and/or their bodies’ representatives will not be there to try their case relating to the disciplinary action against the lawyers.”.Mishra in his letter also stated that the above recommendation or provision in law will not be suitable to the lawyers of the country..“If there is any such proposal, I humbly request your good self to reconsider the same and strengthen the institution of legal fraternity. The outsiders’ interference in the matters of advocates may invite nationwide protests, so it is my request to consider this aspect of the matter.” .The Supreme Court Bar Association and the Delhi High Court Bar Association had also condemned the recommendations made by BCI stating that they were not consulted before the recommendations were made. SCBA President Rupinder Singh Suri issued a statement stating,.“It is very important that there should be independence of judiciary but that is only possible if there is independence of profession. The suggestions are in the nature of total subjugation of advocates as a class and the suggestions unequivocally curtail their right of speech as well as protest.”.The strike was called off after the BCI assured the Co-ordination committee about the withdrawal of the amendments.