BackSC seeks AG’s assistance over plea to debar legislators from practising as advocates
Plea brought by advocate and BJP spokesperson Ashwini Kumar Upadhyay alleges that MPs/MLAs practising as advocates pose a conflict of interest under the provisions of the Advocates Act, 1961 and the Bar Council of India Rules.
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New Delhi: The Supreme Court on Friday sought the assistance of attorney general K.K. Venugopal on a plea seeking a ban on members of Parliament and legislative assemblies practising as advocates.
The plea brought by advocate and BJP spokesperson Ashwini Kumar Upadhyay alleges that MPs/MLAs practising as advocates pose a “conflict of interest" under the provisions of the Advocates Act, 1961 and the Bar Council of India Rules.
Kapil Sibal, Abhishek Manu Singhvi, KTS Tulsi, P. Chidambaram, Pinaki Misra, Meenakshi Lekhi, and K. Parasaran are among legislators who also practise as advocates across various courts in the country.
Upadhyay has sought a bar on legislators practising as advocates for the period that they are occupying such positions. In the alternative, the court may hold the provision in the Bar Council of India Rules, laying down rules on standards of professional conduct and etiquette.
The dual role would also amount to professional misconduct when MPs and MLAs, who get salary and other benefits from public funds appear against the government as lawyers, the petition said.
Another instance would be counsel thinking about their clients’ interests while passing a bill in their capacity as legislators.
Following the petition, three of the four members of a sub-committee constituted by the BCI to decide whether legislators can practise as advocates said that legislators should not be barred from legal practice. The BCI is still to take a final decision on the issue.
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