The writ petition is being filed by Ashwini Upadhyay before the Hon’ble Apex Court seeking a ban on Legislators from practicing as an Advocate during their tenure in the Parliament or State Legislature. MLAs and MPs get salary from the Consolidated Fund of India and are employee of the State. The BCI Rule 49 restricts a salaried employee from practising as an advocate.
The petition contends –
- Rule 49, Bar Council of India Rules restricts a salaried employee from practising as an advocate.
- The injury caused to the public because a salaried person and particularly a public servant cannot practice as an Advocate but Legislators are practicing which is a violation of Article 14 of the Constitution. Legislators take the fee from litigant and salary from the public exchequer.
The matter was rejected by a sub-committee formed by the Bar Council of India (BCI) last week.
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