Plea in Supreme Court to ban Legislators from Legal Practice

Judiciary Feb 08, 2018 Editor : Shreya Bansal 1 Shares

After a sub-committee of the Bar Council of India concluded in their reportthat the legislators are allowed to practice law. The same petitioner Ashwini Upadhyay on Wednesday moved Supreme Court challenging the permission on the grounds of conflict of interest and violation of BCI rules.

Also Read - BCI Extends Deadline to Furnish Details of Advocated Registered with District Bar Associations Till November 15,2020 [Read Order]

Mr. Upadhyay, a Supreme Court lawyer and Delhi BJP leader has said in his petition that the writ petition is being filed under Article 32 seeking ban on legislators from practicing as an Advocate (for the period they are Member of Parliament or State Assembly) in spirit of the BCI Rule 49 and Article 14 of the Constitution.

He further said that, according to BCI Rule 49: An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice and shall, o taking any such employment, intimate the fact to the BCI and shall cease to practice as an advocate, so long he is in such employment.

Also Read - Period Between March 24, 2020 to March 31, 2021 will not be Counted for Calculating the Grace Period of 2 Years for Clearing the All India Bar Exam: BCI Informs Delhi HC [READ MINUTES]

Upadhyay claimed that he had submitted a detailed representation to the Bar Council of India seeking a ban on legislators from practicing law but it has not taken appropriate steps to ban them till date.

Supreme Court of India Cannot be a Place for the Governments to Walk in When they Choose to Ignore the Period of Limitation: SC [READ JUDGMENT]

Judiciary Oct 20, 2020 Arundhuti Deshmukh ( Editor: Ekta Joshi ) 1 Shares

The Supreme Court has deprecated the “inordinate delays” by government authorities in filing appeals before it and said they “must pay for wastage of judicial time” and such costs can be recovered from officers responsible.A bench headed by Justice S K Kaul said the apex court cannot be a place for the governments to walk in when they choose to ignore the period of limitation prescribed in the statute.“We have raised the issue that if the government machinery is so inefficient and...

Read full post

SC Grants Interim Relief Against Displacement of Govt. Teacher in Scheduled Districts in Jharkhand [READ ORDER]

Judiciary Oct 19, 2020 Jishu ( Editor: Ekta Joshi ) 12 Shares

New Delhi, Oct 14, The Supreme Court Wednesday granted interim relief to over 3,600 teachers in Jharkhand by allowing them to continue in service as it sought response from the state government on pleas challenging the high court decision which had quashed its 'employment policy-2016'.The Jharkhand High Court on September 21 quashed the policy which prescribed 100 percent reservation for 10 years in grade III and grades IV government jobs for local residents in 13 scheduled districts.It had...

Read full post