Centre opposes BJP spokesperson’s petition, tells SC that MPs, MLAs should be allowed to practice law

The Central government today opposed the PIL filed by BJP leader Ashwini Kumar Upadhyay seeking a ban on Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) from practicing law in the courts..Attorney General KK Venugopal, appearing for the Centre, told the Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud that the case made by the petitioner that a salaried employee cannot be allowed to practice as a lawyer does not hold good here..It was submitted by the Centre that a Member of Parliament (MP) is an elected representative, and is not a full-time employee of the Government of India..“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”, argued Venugopal..Senior Counsel Shekhar Naphade, appearing for the petitioner, told the Court that an MP draws a salary and a salaried employee is debarred by the Bar Council of India from practising in the courts of law..CJI Misra, however, noted that MPs are public servants only for a limited purpose..Justice Chandrachud pointed out to Naphade that the Government of India is not the master of the elected MPs. He said,.“Employment postulates a master-servant relationship. The government of India is not the master of an MP.”.Naphade presented an opposing view, saying that MPs are indeed employees of the government. He submitted that being an MP is a full-time job and that the Bar Council Rules prevent anyone with a full-time job from practising before a court..This submission of Naphade’s was met with an instant retort from Venugopal, who asked if even MPs from the opposition also become employees of the government, merely because they draw a salary for their position as an MP..After hearing the submissions today, the Court reserved its verdict in the matter..Read Order: