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Can’t stop legislators from practising: Bar Council
Context
A petition before SC that a public servant cannot practise as an advocate but however legislators are practising in various courts which is a violation of Article 14 of the Constitution (equality before law).
What has happened?
The Bar Council of India has said it cannot stop legislators from practising as lawyers. However, it can ban lawyer-legislators from taking part in an impeachment motion against a judge
Conflict of Interest
- MPs have the power of voting on impeachment of judges of the Supreme Court and the High Courts.
- Therefore, allowing them to practise as an advocate in the Supreme Court and the High Courts is a very serious ‘conflict of interest’ because it may allow the judges to feel beholden to them and to oblige them
BCI View
The lawyer-MPs or MLAs, if they start any motion of impeachment or a removal proceeding against any High Court or Supreme Court judge, they will not be allowed to practise in that particular court
Preventive measure
The resolution was not meant as a curb on the functions of a legislator, but a preventive measure taken against “misuse of privilege” in the lawmaker’s role as a lawyer.
What now?
The hearing on this petition is fixed for April 23.
