BCI to decide if Legislators can continue Legal Practice [Read Press Release]

The Bar Council of India (BCI) has issued notice to MPs, MLAs and MLCs who continue to practice law, following a representation made by Advocate Ashwini Upadhyay, seeking a ban on MPs and legislators from practicing law..A press release by the BCI informing the same makes note of Upadhyay’s submission that, since the MPs, MLAs etc. are being paid salary by the Government, they cannot be allowed to practice, as per Rules of the Bar Council of India and the Advocates Act. Upadhyay has alluded to conflict of interest emerging due to their dual role as legislators and lawyers..Consequently, the Bar Council of India constituted a Sub-Committee consisting of senior members and Co-Chairmen i.e. BC Thakur, RG Shah, DP Dhal and S Prabakaran, which has issued the present notice, after considering Upadhyay’s representation. The Committee has also sought the comments of the practicing MPs, MLAs and MLCs. The press release states,.“The Council has thought it just and proper to seek the comments of those MPs, MLAs or MLCs who are in Legal practice, before taking any final decision in this matter. It is very important issue which may have a far-reaching affects; therefore, it is necessary to invite the opinion, views and comments of the concerned persons.”.Notice has reportedly been issued to over 500 legislators, including Kapil Sibal, Abhishek Manu Singhvi, KTS Tulsi, P Chidambaram, Vivek Tankha, K Parasaran, Bhupendra Yadav, Meenakshi Lekhi, Pinaki Mishra, Satish Mishra and Ashwini Kumar..Chairman of the BCI, Manan Kumar Mishra was quoted as saying, “The decision to issue notices was taken so that if the BCI cancels their enrolments, they cannot claim that principle of natural justice was violated.“.The Bar Council of India is to meet on January 21, 2018 to take a final decision on the issue..Read Press Release by Bar Council of India below.