[BREAKING] BCI decides to keep amendments to its Rules in abeyance; constitutes committee to review the Rules

The Bar Council of India (BCI) has decided that the latest amendments made by it to the BCI Rules will be kept in abeyance till a review committee constituted by it to study the changes, submits a report. .This decision was taken after concerns were expressed by various members of the Bar regarding the amendments. "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," a press release by the BCI stated. .The BCI, however, maintained that it will not succumb to the undue pressure of people who have been indulging "in nasty and nefarious activities and have been maligning the image of the profession."The changes to the Rules were brought about to maintain the standards of the profession and to weed out undeserving elements, the BCI said. The Rules had to be amended because framed long back when there were no social media platforms."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. It added that the Review Committee will now take into consideration the representations received from the Bar and it will frame the Rules after noticing the issues raised by all concerned. .The new amendments in question had added two new Sections - Section V (‘Duties towards Society and Bar’) and Section V-A (‘Code of conduct and disqualification for members of Bar Councils’) to Chapter II of Part VI of the Bar Council of India RulesThe amendments were notified in the official gazette on June 25,2021.The amendments had caused quite a stir since as per the same, 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, can be a ground for suspension or cancellation of licence to practice law.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..Petitions were filed before the Supreme Court, Kerala High Court and Himachal Pradesh High Court challenging the amendments. When the matter came up for hearing on Wednesday before the Kerala High Court, the BCI counsel submitted that the changes are yet to receive the approval of Chief Justice of India (CJI), NV Ramana. According to proviso to Section 49(1) of the Advocates Act, approval of the CJI is necessary before amendments to the Rules, in this case regarding the conduct of advocates, can come into force..[Read BCI Press Statement]