{"id":32856,"date":"2018-10-29T17:08:34","date_gmt":"2018-10-29T11:38:34","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=32856"},"modified":"2018-10-29T17:08:34","modified_gmt":"2018-10-29T11:38:34","slug":"bci-mulls-ban-on-practice-by-law-makers","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/bci-mulls-ban-on-practice-by-law-makers\/","title":{"rendered":"BCI mulls ban on practice by law makers\u00a0"},"content":{"rendered":"<p><a href=\"http:\/\/www.thehindu.com\/news\/national\/should-mps-mlas-be-barred-from-practising-as-advocates-bci-panel-examines\/article22281631.ece\"><strong>BCI mulls ban on practice by law makers<\/strong><\/a><strong>\u00a0<\/strong><\/p>\n<p><strong>What has happened?<\/strong><\/p>\n<p>An expert committee of the Bar Council of India is considering a plea to ban lawmakers \u2014 Members of Parliament and Members of the Assemblies \u2014 from doubling up as practising advocates, saying they are salaried public servants and cannot ride two horses at the same time<\/p>\n<p><strong>Advocates act<\/strong><\/p>\n<p>The three-member panel is examining the provisions of the Advocates Act and the Bar Council of India Rules in this respect. They will file their report in the next few days<\/p>\n<p><strong>Members of the panel<\/strong><\/p>\n<p>The panel is composed of top BCI \u2014 the country\u2019s topmost lawyers\u2019 body \u2014 office bearers and advocates B.C. Thakur, R.G. Shah and D.P. Dhal<\/p>\n<p><strong>Petition<\/strong><\/p>\n<p>The petition filed by\u00a0Supreme Court\u00a0advocate Ashwini Upadhyay contended that MPs and MLAs draw their salaries from the Consolidated Fund of India, hence, are \u201cemployees of the state\u201d. Petition further contended that,<\/p>\n<ul>\n<li>It amounted to \u201cprofessional misconduct\u201d that MLAs and MPs, who get salary and other benefits from the public fund, appear against the government. Some of these lawmakers even hold corporate retainer-ships. They appear against the State to defend their lawbreaker clients in the Court of Law, which is the matter of conflict of interest<\/li>\n<li>While an advocate should be fully dedicated to his profession, legislators are also expected \u201cto dedicate their fulltime to public and their constituents ahead of their personal and financial interests<\/li>\n<li>It is impossible for a person to perform two fulltime duties at a time. Therefore, MLAs and MPs must be barred from practicing as an advocate<\/li>\n<\/ul>\n<p><strong>Legal provisions<\/strong><\/p>\n<ul>\n<li><strong>The BCI Rule 49<\/strong> restricts a salaried employee from practising as an advocate, the petition said. Many senior advocates practising in the Supreme Court are also party politicians and sitting MPs<\/li>\n<li><strong>Under Section 21<\/strong> of the Indian Penal Code and Section 2(c) of the Prevention of Corruption Act, MLAs and MPs are public servants. Hence, allowing them to practice, as an advocate and restricting other public servants is arbitrary, irrational and violation of Articles 14-15 of the Constitution<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>BCI mulls ban on practice by law makers\u00a0 What has happened? An expert committee of the Bar Council of India is considering a plea to ban lawmakers \u2014 Members of Parliament and Members of the Assemblies \u2014 from doubling up as practising advocates, saying they are salaried public servants and cannot ride two horses at&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/bci-mulls-ban-on-practice-by-law-makers\/\">Continue reading <span class=\"screen-reader-text\">BCI mulls ban on practice by law makers\u00a0<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-32856","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704925005},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/32856","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=32856"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/32856\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=32856"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=32856"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=32856"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}