The Bar Council of India (BCI) amended its Rules on Saturday, making criticism or attack of Bar Council decisions by members misconduct, resulting in suspension or revocation of their license to practice law.

The revised rules aim to maintain and enhance the “standards of professional conduct and etiquette for advocates.” Thus, they prohibit an advocate from making any indecent, derogatory, defamatory, motivated, or malicious statements in print, electronic or social media against any court, judge, state bar council, or BCI. Such conduct is classified as misconduct under the rules, and advocates guilty of misconduct face suspension from practice or disqualification under Section 35 of the Advocates Act, 1961.

The amended rules provide that criticizing a decision of a state bar council or the BCI in the public domain constitutes misconduct and will result in suspension or removal from the concerned bar council. Further, any intentional violation of any state bar council or BCI resolution or order, as well as the use of derogatory or abusive language towards the bar council or its members, would also be considered misconduct. However, a healthy and bonafide criticism made in good faith will not be construed as misconduct.

The move comes after the BCI issued a resolution in March 2021, urging advocates to not “scandalize” the Supreme Court and use its proceedings for “political mileage”. The constitutionality of the amended rules was challenged before the Kerala High Court on Monday for allegedly violating the fundamental right of freedom of speech and expression guaranteed by the Indian Constitution.