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MPs & MLAs Aren't Full Time Govt. Employees, Can Practice Law: Supreme Court

ANANYA BHATNAGAR | 0
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| September 25 , 2018 , 14:01 IST

The Supreme Court on Tuesday ruled that the lawmakers (MPs & MLAs) cannot be barred from practicing law.

A three judge bench headed by CJI Dipak Misra and Justice AM Khanwilkar and Justice DY Chandrachud were hearing the petition filed by BJP lawmaker Ashwini Kumar Upadhyay.

The petition states that that legislators be debarred from practicing as Advocates (for the period during which they are Members of Parliament or State Assembly), in the spirit of Part-VI of the Bar Council of India Rules.

Under Rule 49 of the Bar Council of India Rules, an advocate shall not be a full-time employee of any person, Government, firm, corporation or concern and on taking up such employment, shall intimate such fact to the Bar Council concerned and shall cease to practise as long as he is in such employment.

Attorney General KK Venugopal who was representing the Centre opposed the petition. The Attorney General argued, “They are doing a public service in their capacity as an MP. You can’t stop a person from practising a profession. It is a fundamental right to carry on a profession.”