Due to increased groupism in the Bar Councils, on many occasions Bar Council of India has been receiving complaints and a very anomalous situation arises some times.
Because of some impractical rule of some states, the situation in some of the State Bar Council leads to unwanted groupism, resulting in an unhealthy atmosphere and inefficient functioning of the State Bar Councils.
Only in the recent past, Bar Council of India has found that in Odisha, there was abstention from Court work by Advocates for about 2 months due to some petty issue. This was the result of group politics in the State Bar Council.
BCI has received several complaints with regard to the manhandling of Chairman of one State Bar Council and he was compelled to resign.
During the last elections of State Bar Councils and Bar Council of India, the reports of corrupt practices for removal of some honest members and office-bearers (who did not succumb to undue pressure of members of State Bar Councils or member of Bar Council of India), has also been noticed.
In some of the State Bar Councils, the Office-Bearers were changed frequently and they were compelled to resign without completing their tenure (as per the Rules of Bar Councils) only on account of unwarranted and malicious fear of “No-Confidence Motions”.
In view of the above, BCI deemed it proper to frame uniform mandatory Rules in this regard for the fair, smooth and fearless functioning of Bar Councils and Bar Council of India. These Rules are mandatory for Bar Council of India and all the State Bar Councils.
Bar Council of India is to provide for the elections of its members, as contained in Section-7 of the Advocates’ Act, 1961.
Therefore, BCI has the sole authority to frame rules for removal of its members by bringing “No-Confidence Motion” against its Members, if required under these rules.
In accordance with the resolution,
- Motion of No Confidence against any office-bearer or member of Bar Council of India can be brought by a requisition submitted by 2/3rd Members of the Bar Council of India. If the proposed motion is to be brought against the Chairman, the same will be addressed to the Vice-Chairman of the Council and in all other cases, it will be addressed to the Chairman. The Chairman or Vice-Chairman (as the case may be) shall notify the meeting of the General Council within a period of 30 days from the date of receipt of the application. The Secretary shall place the notice before the Chairman or the Vice-Chairman, as the case may be, within a period of two days from the date of receipt of this in the office.
- Motion of no confidence can be brought only on the ground of some proved misconduct.
Read the detailed notification here: NOTIFICATION
Bar Council of India
[Notification dt. 14-08-2020]
