Rules for No Confidence motion against Office Bearers, members of Bar Council of India, and Officer Bearers of State Bar Councils
The Bar Council of India has passed a resolution for all the State Bar Councils laying down rules / guidelines for passing of No-Confidence Motion against their office bearers.
The Bar Council expressed concern due to increased groupism in the Bar Councils and complaints received by it. According to the Council, due to some impractical rule of some states, the situation in some of the State Bar Council leads to unwanted groupism, resulting in unhealthy atmosphere and inefficient functioning of the State Bar Councils.
The Council has cites few incidents where there was abstention from Court work by Advocates due to some petty issue, manhandling of Chairman of one State Bar Council compelling him to resign.
The Bar Council of India has expressed worries on the corrupt practices for removal of some honest members and office-bearers who do not succumb to undue pressure of members of State Bar Councils or member of Bar Council of India.
The Council also expressed concern over the reports of attempt to resort to blackmailing by some Members if the Office-Bearers or Members of Bar Council of India do not succumb to some selfish/greedy illegal demands of Members of State Bar Councils which results in Office-Bearers resigning without completing their tenure on account of fear of “No-Confidence Motions”
These guidelines as per the resolution passed are mandatory in nature and the State Bar Councils have been directed to follow it and amend their Rules in compliance of these Rules if required.
Rules for “No Confidence” against the Office Bearers of the Bar Council of India, the Members of the Bar Council of India and the Officer Bearers of the State Bar Councils.
1. The 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.
2. The motion of no confidence can be brought only on the ground of some proved misconduct of the office bearers or the Member of the Bar Council of India.
3. The No Confidence Motion can also be brought against any Office Bearer or the Member, if he is found guilty of an offence concerning Moral turpitude and is convicted and/or sentenced to undergo imprisonment for any period. Or if any member has been found to be guilty of any Disciplinary Proceeding by Bar Council.
4. In case of any conviction or sentence, 3/4 of the Members of the State Bar council can also recommend to Bar Council of India a proceeding for “No-Confidence Motion” against their Member-Representative in Bar Council of India. The Bar Council of India shall consider such recommendation of State Bar Council, and after giving the concerned Member, Bar Council of India, an opportunity of hearing, will pass necessary resolution. However, No Confidence Motion cannot be brought or passed by the State Bar Council against its Member-Representative in Bar Council of India in any event.
5. The requisition for No Confidence Motion against a Member, Bar Council of India or an Office Bearer of the Bar Council of India if required to be brought by Members of Bar Council of India, then it shall be required to be signed by at least 2/3rd Members of the Council and it must include at least one Ex-Office Member of the Bar Council of India. The “No Confidence Motion” can be passed (in a meeting convened for this) by a minimum of 3/4th Members of the Council present and voting in favour of the motion.
6. A prior Notice of at least 30 days shall be required to be given to the concerned office bearers or the Member, Bar Council of India against whom such No Confidence Motion is proposed to be moved.
7. For bringing of requisition for passing a “No Confidence Motion” against any Office-Bearers of any State Bar council (where there is no Rule for No Confidence Motion), the requisition shall be required to be signed by at least 2/3rd Members of the State Bar Council and it could be passed only by at least 3/4th Members of the Council present and voting in favour of the No Confidence Motion. Office-bearers means Chairman and Vice-Chairman only.
8. In all the cases requisition for passing of No Confidence Motion shall be required to contain and specify the reasons and ground on the basis of which the motion is proposed to be moved. The reasons and grounds should not be vague, nonspecific and it should not be based on the personal vendetta. The requisition shall be required to be supported by the materials supporting thegrounds for the motion. The Council, before passing any final resolution and/or taking final decision, shall be required to assign reasons for its decision.
9. If in the first meeting, the Bar Council of India finds a prima-facie case in favour of the motion, it shall hold an enquiry into the genuineness and bonifides of the; The enquiry will be conducted by a former Hon’ble Judge either of Supreme Court of India or of High Court. An opportunity of hearing shall be given
10. by the Hon’ble Inquiring Judge to the Office Bearer or Member against whom the No Confidence Motion is proposed.
11. The Report of the one man Enquiry Committee shall be placed before the General House of the Council and the Council will take the necessary resolutions after considering the report.
12. The No Confidence Motion, once failed, cannot be brought against the same Office Bearer/the Member, Bar Councilof India for next 12 months.
13. This Rule shall apply to the Bar Council of India and to all the State Bar Councils. However, for bringing No-Confidence Motion against its Chairman or Vice-Chairman, any State Bar Council can frame its own Rule with the prior approval of Bar Council of India. However, all the State Bar Councils would be required to follow the main principle laid down in these Rules.
It has been stated that all the previous Resolutions of the Bar Council of India with regard to the “No Confidence Motion” against its Office Bearers or of any State Bar Council against the Member, Bar Council of India stand repealed and/or modified accordingly
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