Can lawmakers be lawyers?

The Bar Council of India has issued notice to more than 500 elected representatives across the country who continue to practice as advocates, seeking their response on a plea demanding barring of such MPs, MLAs and MLCs from practicing law.

If they are barred, the decision could have far-reaching implications for many top politicians. Senior lawyersturned-politicians like Kapil Sibal, P Chidambaram, and Abhishek Manu Singhvi from the Congress and many in the BJP like Subramanian Swamy and Meenakshi Lekhi, among others, have been asked to respond to the BCI notice within a week.

The final decision will be taken on January 22.

“As per the rules, government employees cannot practice as advocates,’ BCI chairman Manan Kumar Misra told PTI here.

The BCI’s move came on a plea filed before it by BJP spokesperson of Delhi unit Ashwini Kumar Upadhyay. He has pointed out that a legislator plays an important role in the development of his state and cannot be ‘sailing in two boats at the same time’. ”India needs dedicated and full time MPs and MLAs and not part-time legislators. We cannot have Parliamentarians who are sailing in two boats at the same time. It is impossible for a person to look after the nation, on one hand, and to cater to the needs of his client, on the other hand.

The petition further says that the members of the executive and judiciary are not permitted to practice as advocates but the elected representatives, who also are public servants, are allowed.

This went against the spirit of the Constitution, the petitioner has claimed.