The Bar council of india on Wednesday submitted before the Kerala high court that the new rules which prohibits criticism and dissent against the BCI and other Bar councils has not taken effect.
The single bench of justice P. B. Suresh kumar was hearing a petition seeking a declaration that the recently inserted section 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 .
Advocates Santosh mathew on behalf of the pettioner contended that the newly added rules infringed on the constititionally protected freedom of speech and expression of the pettioner in his capacity as an advocate and as a Bar council member.
He submitted that there was an uncertainty revolving around whether these Rules are currently in effect. It was also argued that the BCI has failed to notify if they have obtained the approval from the CJI before such insertion, which is a statutory requirement.