BCI notice to MPs MLAs on legal practice

BCI notice to MPs MLAs on legal practice

Context

The Bar Council of India, the country’s apex lawyers’ body, on Wednesday asked Members of Parliament and State Assembly legislators, who double up as advocates, to respond on why they should not be banned  from legal practice.

BCI notice to MPs, MLAs on legal practice

An expert committee of the Bar Council of India (BCI) is considering a plea filed by Supreme Court advocate AshwiniUpadhyay to ban lawmakers — Members of Parliament and Members of the State Legislative Assemblies — who practise as advocates, saying they are salaried public servants and cannot ride two horses at the same time.

Comments sought

• “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,” the BCI said in a statement.
• Over 500 lawmakers are practising as advocates in various courts, including the Supreme Court.
• “It is a very important issue which may have farreaching effects. Therefore, it is necessary to invite the opinion, views and comments of the persons concerned,” the Bar council added.

Council meet on Jan 21

The Council is scheduled to meet on January 21 for taking a final decision on this crucial issue.

The three-member panel of top BCI office-bearers and advocates B.C. Thakur, R.G. Shah and D.P. Dhal is examining the provisions of the Advocates Act and the Bar Council of India Rules on the question

Drawing salary from CFI

Mr. Upadhyay has contended that MPs and MLAs draw their salaries from the Consolidated Fund of India, hence, are “employees of the State”

Rule 49

The BCI Rule 49 restricts a salaried employee from practising as advocate, the petition points out

Professional misconduct

Many senior advocates practising in the Supreme Court are also party politicians and sitting MPs. He contended that it amounted to “professional misconduct” that MLAs and MPs appear against the government.