On Wednesday, via its Press Release, the Bar Council of India has stated that it has resolved to form a Committee to review the recently amended Rules.
The new Rules are facing flak of legal community over 'free speech'. They also got challenged in Himachal Pradesh High Court. The HC however refused to entertain the writ petition.
Taking a note of the situation and concerns expressed by various members of the Bar regarding the amendments,the BCI has decided to review the same and has resolved to form a Committee for the purpose. It shall keep the new amendments to the Rules in abeyance until the said Committee submits its Report.
The Press Release in this regard states:
"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."
Inter-alia the BCI has also made it clear 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."
Stressing on the object of the Rules, the Council further stated that it is to maintain the standards of the profession and to weed out undeserving elements.
It said that Advocacy is a nobel profession and Advocates command respect and prestigious position in the society and it one should always be concious of the fact that they belong the highly respected intellectual class and hope of people are high for them.
The BCI also added that the Rules has been amended due the modern trends of growing social media influence and that back then there were no such 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 shall 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 recent amendments 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 Rules
Notified in the official gazette on June 25,2021, the new rules prohibits a Lawyer from making any statement which is indecent or derogatory, defamatory, motivated, malicious or mischievous against any court, judge, State Bar Council or the BCI.
Flounting the Rules can be a ground for suspension or cancellation of licence to practice law.
The Rules also puts hold on criticising or attacking any decision of any State Bar Council or Bar Council of India on public domain.
Read Press Release Here:
source ; .latestlaws.com
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
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