38.6c New Delhi, India, Tuesday, August 26, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

BCI mulls ban on practice by lawmakers

By LawStreet News Network      26 December, 2017 01:08 AM      0 Comments

An expert committee of the Bar Council of India is considering a plea to ban lawmakers " Members of Parliament and Members of the Assemblies" from doubling up as practising advocates, saying they are salaried public servants and cannot ride two horses at the same time.

The three-member panel is examining the provisions of the Advocates Act and the Bar Council of India Rules in this respect. They will file their report in the next few days, Bar Council of India (BCI) Chairman and senior advocate Manan Kumar Mishra told The Hindu on Tuesday

The panel is composed of top BCI the country's topmost lawyers' body office bearers and advocates B.C. Thakur, R.G. Shah and D.P. Dhal.

The petition filed by Supreme Court advocate Ashwini Upadhyay 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 an advocate, the petition said. Many senior advocates practising in the Supreme Court are also party politicians and sitting MPs.

Section VII-Restriction on other Employments

An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

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 submitted before the BCI.

Defending lawbreakers

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 retainer-ships. They appear against the State to defend their lawbreaker clients in the Court of Law, which is the matter of conflict of interest, Mr. Upadhyay submitted.

While an advocate should be fully dedicated to his profession, legislators are also expected to dedicate their full time to public and their constituents ahead of their personal and financial interests, the petition said.

Legal profession requires fulltime attention and would not countenance an advocate riding two horses at a time. It is impossible for a person to perform two fulltime duties at a time. Therefore, MLAs and MPs must be barred from practicing as an advocate, Mr. Upadhyay pleaded.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM
18-former-judges-write-to-union-home-minister-amit-shah-criticizing-his-remarks-on-justice-b-sudershan-reddy
Trending Judiciary
18 Former Judges write to Union Home Minister Amit Shah, criticizing his remarks on Justice B Sudershan Reddy

18 ex-judges write to Union HM Amit Shah, criticizing his remarks on Justice B Sudershan Reddy, stressing judicial independence and dignity.

25 August, 2025 03:09 PM

TOP STORIES

state-a-constitutional-employer-cant-use-financial-constraints-as-talisman
Trending Judiciary
State, a constitutional employer, can't use financial constraints as 'talisman' to deny lawful regularisation to workers: SC [Read Judgment]

SC says State can’t cite financial crunch to deny workers regularisation; fairness in public employment is constitutional obligation.

20 August, 2025 01:48 PM
himachal-prasesh-hc-quashes-disciplinary-action-against-security-guard
Trending Judiciary
Himachal Pradesh HC Quashes Disciplinary Action Against Security Guard At Chief Minister’s Residence [Read Order]

Himachal Pradesh HC quashes disciplinary action against constable over CM residence lapse, citing lack of evidence and violation of fairness.

20 August, 2025 03:05 PM
setback-for-wb-govt-sc-dismisses-review-petition-in-teachers-recruitment-scam-case
Trending Judiciary
'Setback for WB govt,' SC dismisses review petition in teachers’ recruitment scam case [Read Order]

SC dismisses WB govt’s review plea in teachers’ recruitment scam; upholds invalidation of 25,753 tainted appointments to protect selection purity.

21 August, 2025 02:09 PM
sc-dismisses-plea-against-suspension-of-toll-collection-due-to-poor-road-upkeep-long-traffic-jam
Trending Judiciary
SC dismisses plea against suspension of toll collection due to poor road upkeep, long traffic jam [Read Order]

SC upholds Kerala HC order halting toll at Paliyekkara over poor highway upkeep, traffic jams, citing citizens’ plight, fuel wastage & environment.

21 August, 2025 02:47 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email