Lawyer MPs who participate in impeachment of a judge cannot practice in his court, BCI

The Bar Council of India (BCI), in a press conference held today, announced that lawyers who are also Members of Parliament (MPs) or Members of Legislative Assemblies (MLAs), will be prohibited from practicing in a court of a judge against whom they have initiated impeachment proceedings..The resolution assumes significance in light of the recent move by Rajya Sabha MPs to initiate impeachment proceedings against Chief Justice of India Dipak Misra..For instance, if a lawyer participates in the impeachment of a judge of the Calcutta High Court, he will not be able to practice at the Calcutta High Court..A resolution was passed to this effect at the BCI general body meeting held on March 18. The meeting was called:.To consider the action of some of the advocates on the issue of motion of impeachment against the Judges of High Court/Supreme Court and to consider the report of the sub-Committee on the issue whether the MPs/MLAs should be allowed to practiceTo consider the recent order of Supreme Court on the issue of banning the Lawyers from going on strike.Several eminent lawyers are currently Members of Parliament; they include Senior Advocates Kapil Sibal, Abhishek Manu Singhvi, Vivek Tankha, Arun Jaitley, Ravi Shankar Prasad and P Chidambaram..Speaking at the press conference, BCI Chairman Manan Kumar Mishra stated that the Council does not have the power to interfere with the proceedings of Parliament (in relation to the impeachment motions), but in issues regarding advocates, they do have a say..He said that Sibal, Singhvi and Tankha had sent replies to the notices sent by the Bar Council. On being asked whether Sibal and Singhvi will be prohibited from practicing at the Supreme Court if they participate in the impeachment of the Chief Justice of India, Mishra replied in the affirmative..He said that the matter (regarding practice of law by legislators) is pending before the Supreme Court and till the time the decision of the BCI is not set aside by the Court, it shall be binding on every lawyer. He said,.“It is to prevent the misuse of power by a lawyer, that we have set this condition.”.Earlier this month, Advocate Ashwini Kumar Upadhayay had approached the Supreme Court praying that legislators be debarred from practicing as Advocates (for the period during which they are Members of Parliament or State Assembly), in spirit of Part-VI of the Bar Council of India Rules..Upadhaya had also moved an application before the BCI on the same issue. The Council passed the aforesaid resolution with reference to this application..Earlier this week, there were reports that the Indian National Congress has initiated the process for impeachment of Chief Justice of India, Dipak Misra. It was stated that the draft on impeachment motion has been signed by lawyers like Kapil Sibal and Majeed Memon.