For No Confidence Motion, Bar Council of India has issued a notification stating that
due to groupism and other factors st‘very anomalous situation arises sometimes’.
It states that due to groupism an unhealthy atmosphere over the functioning of various Bar Councils and
has also affected the functioning of State Bar Councils.
A reference was made to recent absenteeism in Bar of Council of Odisha where work was boycotted due to some petty issue.
Another example was of Chairman of a State Bar Council who was compell to resign and was manhandle as well.
The notification also took note of the Bar Council of India election that was last year
where some members were pressure into resigning due to internal politics and pressures.
It was also notice that some of the Members of the Bar Council of India were blackmail
as they did not give in to the illegal demands made by State Bar Councils.
Because of all the reasons mentioned in the notification, it was stated many members were changed frequently
or are forced into resigning even before their term is complete.
The Advocates of Tamil Nadu Bar Association have also alleged that
there was a tradition of large scale Horse Trading in the State Bar Council.
Bar Council of India has deemed it proper to frame uniform and mandatory rules that
will augment fair, fearless and smooth functioning of Bar Council of India and State Bar Councils.
As per the notifications, these new rules will be mandatory and will be followed by the State Bar Councils as well as Bar Council of India.
As per Section 7 of the Advocates Act, 196, BCI will provide for the elections of its members and the Bar Council of India
will have the sole authority to frame rules for removal of Members through a ‘No Confidence Motion’, if and when required.
A Resolution by Bar Council of India will provide a detailed procedure for the No-Confidence Motion.