SC admits plea on lawmaker-lawyers

SC admits plea on lawmaker-lawyers

Context

The Supreme Court on Monday admitted a PIL petition to ban MPs and MLAs from doubling up as lawyers

What does the petition say?

The writ petition said “They also utilise their position as MPs/MLAs to be visible in the public domain, including on television where they give interviews or participate in shows. This essentially amounts to advertising, as their ‘brand’ is promoted among the public, many of whom are potential litigants. This virtually seamless transition between the two spheres by these legislators is causing irreversible harm to both the profession and public interest,”

Issues

• Violation of law: The petition said the practice was in violation of Rule 49 of the Bar Council of India Act, which forbade an advocate to be “full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice”
• Employees of state: Petitioner also contended that as MPs and MLAs drew their salaries from the Consolidated Fund of India, they were “employees of the State”
• Legislators are public servants: Under Section 21 of the Indian Penal Code and Section 2(c) of the Prevention of Corruption Act, MLAs and MPs were public servants. Hence, allowing them to practice as an advocate and restricting other public servants was arbitrary, irrational and violation of Articles 14-15 of the Constitution
• Professional misconduct: Petition further contended that it amounted to “professional misconduct” that MLAs and MPs who got salary and other benefits from the public fund, appeared against the government