No bar: MLAs/MPs can double up as lawyers says Supreme Court
New Delhi, Sep 25: The Supreme Court has said that there is no bar on lawmakers practising in courts during their tenure as legislators.
A Bench headed by Chief Justice of India, Dipak Misra said that there is no bar under the Bar Council of India rules to debar legislators from practising in court. The court also said that MPs and MLAs are not full time paid public servants and hence there can be no restriction from them practising.
In April the Bar Council of India had said that lawmakers will be allowed to practise as advocates. The BCI however said that those who move an impeachment motion against any judge of the higher judiciary will not be allowed to appear before that particular court.
The lawyer-MPs or MLAs, if they start any motion of impeachment or a removal proceeding against any high court or Supreme Court judge, they will not be allowed to practise in that particular court, the BCI also said.
The Supreme Court had on March 12 sought the response of the BCI on a plea filed by Delhi BJP spokesperson Ashwini Kumar Upadhyay, seeking a ban on lawmakers from practising as advocates.