Panel to decide on ban of MPs, MLAs practicing as lawyers

A three-member committee was formed by the Bar Council of India (BCI) to look into the issue of banning MPs and MLAs from practicing as lawyers, raised by BJP leader Ashwini Kumar Upadhyay.

Earlier, Upadhyay, in a letter to the Bar Council of India, has asked to ban MPs and MLAs from practicing in courts.

According to Upadhayay, Section VII, Chapter-II of Part-VI of the BCI rules list down restrictions on other employments.

The letter also highlighted that members of the Executive and the Judiciary are not permitted to practice while MPs and MLAs are; thereby contending that this is against the spirit of Articles 14 and 15 of the Constitution of India.

Alleging that several MPs and MLAs appear as Advocates during the Parliament and Legislative Assembly Sessions, Upadhyay had said, “Legislator enjoys better salary, allowance and post-retirement benefits than members of Executive and Judiciary. It is an honorable and fulltime profession but does not remain noble merely by calling it as such, unless he is dedicated for welfare of people. Legislators are expected to put fulltime service to public and their constituents ahead of their personal interests. Nobility of the profession of Law also has to be preserved and protected. Therefore, provisions of the Advocates Act and BCI Rules must be given effect in letter and spirit to maintain clean and efficient Bar to serve the cause of justice.“

According to reports, the officials of BCI under Chairman Manan Mishra met and took a decision to constitute a committee comprising of D P Dhal, B C Thakur, R G Shah to look into Upadhyay’s representation in three days.