The Bar Council of India, the country’s apex lawyers’ body, on Wednesday asked Members of Parliament and State Assembly legislators, who double-up as advocates, to respond on why they should not be banned from legal practice.
An expert committee of the Bar Council of India (BCI) is considering a plea filed by Supreme Court advocate Ashwini Upadhyay to ban lawmakers — Members of Parliament and Members of State Legislative Assemblies — who practice as advocates, saying they are salaried public servants and cannot ride two horses at the same time.
“The committee, after considering the representation of the petitioner, has decided to issue notice to the M.Ps/MLAs and has invited their comments with regard to the representation,” the BCI said.
BCI Chairperson and senior advocate Manan Kumar Mishra told The Hindu over the telephone that over 500 lawmakers are practising as advocates in various courts, including the Supreme Court.
“It is a very important issue which may have a far reaching effects. Therefore, it is necessary to invite the opinion, views and comments of the persons concerned,” the BCI said. The Council is scheduled to meet on January 21 for taking a final decision on this crucial issue.
The three-member panel of top BCI office-bearers and advocates B.C. Thakur, R.G. Shah and D.P. Dhal is examining the provisions of the Advocates Act and the Bar Council of India Rules on the question.
Mr. Upadhyay has contended that MPs and MLAs draw their salaries from the Consolidated Fund of India, hence, are “employees of the State”.
The BCI Rule 49 restricts a salaried employee from practising as advocate, the petition points out. Many senior advocates practising in the Supreme Court are also party politicians and sitting MPs.
“Under Section 21 of the Indian Penal Code and Section 2(c) of the Prevention of Corruption Act, MLAs and MPs are public servants. Hence, allowing them to practice, as an advocate and restricting other public servants is arbitrary, irrational and violation of Articles 14-15 of the Constitution,” Mr. Upadhyay has submitted before the BCI
He contended that it amounted to “professional misconduct” that MLAs and MPs, who get salary and other benefits from the public fund, appear against the government. Some of these lawmakers even hold corporate retainerships, he said.
