Plea to debar practice by MPs as advocates

Delhi BJP leader Advocate Ashwini Upadhyay has written to Vice-President and Rajya Sabha Chairman M Venkaiah Naidu to debar the members of Parliament (MPs) from practicing as advocates.

His letter is in continuation of his plea under examination by the Bar Council of India (BCI) to bar the MPs and MLAs from appearing in courts as lawyers in the spirit of the BCI Rules 47 to 52 and their licences to practice in courts be suspended during their tenure in Parliament or State Legislatures.

Upadhyay, known for any number of PILs (public interest litigations) in the Supreme Court, has argued that “MPs get salary, pension, vehicle, bungalow and other benefits from the consolidated fund of India to perform public duty only” and so “appearing against the government to defend a private person is not only unethical and immoral but also a professional misconduct and financial corruption.

Noting that the MPs are public servants under Section 21 of the Indian Penal Code and Section 2 of the Prevention of Corruption Act, he said allowing them to practice as advocates and restricting other public servants like IAS, IPS, Judges, etc. is not only illegal but also violation of Article 14 of the Constitution.

In his application to the Vice-President, Upadhyay says: “MPs require fulltime attention and wouldn’t countenance as an advocate before the court of law, riding two hours at a time as it is impossible for a person to perform two fulltime duties simultaneously religiously.

“Many MPs appear as advocates even during the Parliament session and participate in the matters that affect financial interests of the country as well as those of their spouses, children, relatives and organisations in which they serve as directors, trustees etc.