To consider the proposed amendments in Chapter II of Bar Council of India Rules and to add Section V

## Report on Amendments to the Bar Council of India Rules **1. Executive Summary:** This report analyzes amendments to Part VI, Chapter II of the Bar Council of India Rules, as detailed in the notification dated June 25, 2021. The core purpose of these amendments is to address misconduct by Advocates and members of the Bar Council, particularly concerning statements made in the media and criticisms of the Bar Council. The key changes introduce Section V, "Duties towards Society and Bar," and Section VA, "Code of conduct and Disqualification for members of Bar Councils." These sections aim to maintain professional standards and etiquette, prevent undermining the Bar Council's authority, and provide a mechanism for disqualification from Bar Association or Bar Council elections for misconduct. **2. Introduction:** The purpose of this report is to provide an informative overview of the amendments to Part VI, Chapter II of the Bar Council of India Rules, as outlined in the official notification. The analysis is based solely on the information provided within the notification text. **3. Policy Overview:** * **Amendment:** This report concerns an amendment to existing rules, specifically Part VI, Chapter II of the Bar Council of India Rules. * **Core Objective(s):** The core objectives, as stated or inferred from the provided text, are: * To maintain and improve the standards of professional conduct and etiquette for Advocates. * To address issues concerning misconduct by Advocates and members of the Bar Council, not previously specifically mentioned in the existing rules. * To protect the dignity and authority of the State Bar Councils and the Bar Council of India. **4. Background and Rationale:** The rationale for these amendments appears to stem from a perceived need to clarify and strengthen the rules regarding the conduct of Advocates and Bar Council members, particularly concerning their interactions with the media and criticisms of the Bar Council. The amendments seem designed to address instances of misconduct that were not explicitly covered by the existing rules, specifically relating to statements and criticisms that could be considered indecent, derogatory, defamatory, malicious, or undermining the authority of the Bar Council. **5. Key Provisions / Changes:** The key changes introduced by the amendment are the addition of two new sections: * **Section V: Duties towards Society and Bar:** This section introduces a general standard of conduct for Advocates, requiring them to act as gentlemen/gentle ladies and refrain from unlawful acts. More specifically, it prohibits Advocates from making indecent, derogatory, defamatory, malicious, or mischievous statements in print, electronic, or social media against any Court or Judge, any member of Judiciary, or against State Bar Council or Bar Council of India, or from willfully violating or disregarding resolutions or orders of the State Bar Council or Bar Council of India. Such acts are deemed misconduct, leading to potential action under Section 35 or 36 of the Advocates Act, 1961. This expands the definition of misconduct beyond what was previously explicitly defined. * **Section VA: Code of conduct and Disqualification for members of Bar Councils:** This section specifically targets members of State Bar Councils and the Bar Council of India. It prohibits them from publishing anything or making statements/press releases in print, electronic, or social media against any resolution or order of the Bar Council, or from using derogatory or abusive language against the Bar Council or its members. It also prohibits members from criticizing or attacking the decisions of the Bar Council in the public domain, or from undermining the dignity or authority of the Bar Council. Violation of these clauses may amount to other misconduct under Section 35 of Advocates Act, 1961 andor violation of Section V, and may result in suspension or removal from the Bar Council. Further, the Bar Council of India may disqualify Advocates or Bar Council members from contesting elections of any Bar Association or Bar Council, depending on the severity of the misconduct. A procedure for disqualification is established involving a 3-member committee headed by a former Chief Justice or Judge of a High Court, ensuring due process and natural justice. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by these amendments are: * Advocates practicing law in India. * Members of State Bar Councils. * Members of the Bar Council of India. * Members of Bar Associations **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Bar Council of India and State Bar Councils are responsible for implementing and enforcing these amendments. * **Procedures:** The amendments outline a procedure for disqualification from Bar Association or Bar Council elections, involving an inquiry by a 3-member committee constituted by the Bar Council of India, a notice and hearing for the concerned advocate, and a decision by the Bar Council of India after considering the committee's report. The proceedings will follow the norms of natural justice. The State Bar Councils may also refer matters of misconduct or violation of these Rules by any of its members to Bar Council of India * **Timelines:** No specific timelines are mentioned in the text, but the process of inquiry and decision-making suggests a reasonable timeframe for implementation. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these amendments are: * Enhanced professional conduct and etiquette among Advocates. * Reduced instances of public criticism and disparagement of the judiciary and the Bar Council. * Increased protection of the dignity and authority of the State Bar Councils and the Bar Council of India. * Greater accountability for misconduct by Advocates and Bar Council members, particularly concerning media statements and public criticism. **9. Conclusion:** The amendments to Part VI, Chapter II of the Bar Council of India Rules represent a significant effort to regulate the conduct of Advocates and Bar Council members, particularly in the context of media interactions and criticisms of the Bar Council. By introducing specific prohibitions and establishing a mechanism for disqualification, the amendments aim to enhance professional standards, protect the integrity of the legal profession, and maintain the authority of the Bar Council. These changes are significant for all Advocates and Bar Council members, as they redefine the boundaries of acceptable conduct and introduce new avenues for disciplinary action.

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