An expert committee of the Bar Council of India (BCI) has recommended that legislators can be allowed to pursue a legal practice even after their election
Three of the committee’s four members, BC Thakur, Rameshchandra G Shah and DP Dhal, said in the report that MPs, MLAs and MLCs show be allowed to practise law under certain conditions.
The fourth member Prabhakaran, who had been co-opted to the committee differed on the issue.
Matter Adjourned By BCI
Although the report was discussed by the BCI at its general body meeting held earlier this week, no decision was taken.
Manan Kumar Mishra, chairman,Bar Council of India stated that the bar council had deferred a decision as the matter needed “deeper consideration.” He said that the issue had been adjourned for a week.
The matter regarding elected official practicing the law was raised by advocate Ashwini Kumar Upadhyay.
Practice ‘illegal and unconstitutional’
In his petition, Upadhyay had questioned the dual role being played by MPs and MLAs when they continue practicing law after their election.
He said that the practice was “illegal and unconstitutional”, and also “unethical and immoral.”
Upadhyay highlighted that legislators are required to place “full-time service to the public and their constituents” before their personal interests and has also highlighted “the nobility” of the post. He has demanded that the provisions of the Advocates Act and the BCI rules must ensure the “letter and spirit” to maintain a clean and efficient bar.
After receiving the complaint, BCI issued notices to eminent MP/ MLA lawyers like Kapil Sibal, Abhishek Manu Singhivi, Bhupendra Yadav to gather their responses.
