Shivangi Prakash-
Bar Council of India told the Kerala High Court that the new rules prohibiting criticism and dissent against the BCI and other Bar Councils had not yet come into effect.
The Single Bench of Justice P.B. Suresh Kumar was reviewing a petition seeking a declaration that the newly inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules are unconstitutional and violates Articles 14, 19, (1) (a), and 21 of the Constitution.
On behalf of the petitioner, Advocate Santhosh Mathew argued that the newly imposed restrictions impacted the petitioner’s constitutionally guaranteed freedom of speech and expression in his capacity as an Advocate and a member of the Bar Council.
He claimed that there was a question as to whether these rules were in effect at the time. It was also claimed that the BCI failed to report if they had acquired CJI’s consent before the insertion, which is a legal necessity.
The petitioner sought to declare the rules, unlawful and illegal based on these grounds.
The proviso to Section 49(1) of the Advocates Act allows for the notification of rules without prior approval. However, they will only take effect after the CJI has authorised them, according to Justice P.B. Suresh Kumar.
While presenting for the BCI, Advocate Rajit stated that these rules were not in existence at the time of the hearing and that the CJI’s approval was still pending.
The petition was accepted by the High Court, and the submission was recorded. The petitioner has been allowed permission to file a new motion after the new rules take effect.
Last Monday, BCI published a notification amending the BCI Rules to add Sections V and V-A, which provide that no judgement of a State Bar Council or the BCI may be challenged or attacked in the public domain by any member of the Bar Council.