The Supreme Court has asked Attorney General of India KK Venugopal to assist it in a public interest litigation (PIL) asking for elected members of parliament and state legislative assemblies to be barred from practicing in courts as advocates.
The plea, filed by BJP leader and advocate Ashwini Kumar Upadhyay, was heard by a bench comprising of Chief Justice Dipak Misra and Justice A.M. Khanwilkar. The bench sought the Attorney General’s assistance in the matter and slated the next hearing for 12 March.
Petitioner Upadhyay has stated in his plea that allowing elected MPs and MLAs to continue practicing and pleading as lawyers even after being elected is in derogation of constitutional provisions and rules governing advocates in India.
Upadhyay referred to a rule framed by the Bar Council of India which prohibits salaried employees from practicing as advocates, which is why elected legislators, who are paid for their services for the duration of their terms in office, should not be allowed to practice law as well.
“The legal profession is a noble and demanding one and the apex court has repeatedly frowned upon its practitioners attempting to ride two horses or more at a time,” reads Upadhyay’s petition before the Supreme Court.
He has argued that the profession of advocates and public service accorded by legislators require full-time attention, and hence, nobody should be allowed to perform both functions simultaneously. He also said that this practice is in violation of Article 14 of the Constitution, which guarantees the right to equality before the law.