India: “Total Restriction On Lawyers’ Free Speech”: Plea in Kerala High Court Challenges New Bar Council Rules Which Make Criticism Of Its Decisions Ground for Disqualification


Madras High Court, Specify Mechanism, Taking Action Against Advocates, Misbehave With Officials Duty, Bar Council Tamil Nadu, Justice M. Dhandapani,

A petition has been filed before the Kerala High Court by Advocate Rajesh Vijayan, a member of the Kerala Bar Council seeking a declaration that the recently inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules are unconstitutional and violative of Articles 14, 19 (1) (a), and 21.

The Bar Council of India had recently published a notification dated 25th June 2021 adding Sections V and V-A to Chapter-II, Part VI of the Rules according to which the decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain. The Writ Petition was filed aggrieved by the addition of these provisions, which has the effect of, inter alia, prohibiting criticism and dissent against the Bar Council of India and other Bar Councils, and demanding unquestioning acceptance of all decisions taken by them.



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