Should legislators practise law, asks Bar Council

NEW DELHI: The Bar Council of India may well have set the stage for a rare show of unity and bipartisan behaviour by political parties in deciding to send out notices to practising advocates who happen to be members of Parliament (MPs) or members of legislative councils or assemblies (MLAs and MLCs) asking why they should not be barred from the profession. Rules require that advocates not be engaged in any other full-time trade, occupation or profession. With several leading lights from across the political spectrum being advocates, it is likely the move will be unanimously opposed by political parties. An advocate, in India, is a lawyer eligible to practise in a court of law.

The Bar Council of India is the apex body of lawyers in the country. It is a statutory body that regulates the legal profession. “The Council has thought it proper to invite the comments of the learned MPs/ MLAs/MLCs (who are in the legal profession) before taking any final decision in the matter with regard to ban on their practice. The Council requests the MPs/MLAs and MLCs to furnish their comments within a week. The Council will meet on January 22, 2018 to take final decision,” reads the bar council notice, which is posted on its website. The council’s notice was prompted by a representation made to it by an advocate, Ashwini Kumar Upadhayay, who raised the issue saying politicians who are advocates are engaging in two professions, legislators and advocates,- which is not permissible under BCI rules.

Upadhayay has cited judgements of the Supreme Court and BCI rules in his representation.

“Members of Executive and Judiciary are not permitted to practice as an advocate, but people’s representatives, who are also public servants, are allowed (to do so), which is against the spirit of Article 14-15 of the Constitution. “