Breaking: SC seeks AG’s assistance in PIL to debar MPs, MLAs from practicing law

The Supreme Court today sought the assistance of Attorney General for India KK Venugopal in a petition praying that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) be barred from practicing law for the period for which they are legislators.

The petition filed by advocate Ashwini Kumar Upadhyay was heard by a Bench of Chief Justice Dipak Misra and Justice AM Khanwilkar, which directed that a copy of the petition be served on the Central agency.

Kumar, in his petition, has prayed 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.

In the alternative, he has sought for a direction quashing Rule 49 of the Bar Council of India Rules as ultra vires the Constitution and its basic structure, and to permit all Public Servants to practice as Advocates.

Last month, the Bar Council of India (BCI) had issued notice to MPs, MLAs and MLCs who continue to practice law, following Upadhyay’s submission that since the MPs, MLAs etc. are being paid salary by the government, they cannot be allowed to practice, as per the Advocates Act and BCI Rules.

A Committee comprising the top brass of the BCI 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 was  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.