The Supreme Court today issued notice to the Bar Council of India (BCI) in a petition seeking ban on MPs and MLAs from practicing law..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud heard Senior Counsel V Shekhar appearing for petitioner Ashwini Kumar Upadhyay and Attorney General KK Venugopal..Venugopal told the court that a similar matter is pending before BCI but his stand on the issue was not audible..The Court remarked that it will hear the views of BCI and issued notice and proceeded to post the matter for hearing on April 23..Ashwini Kumar Upadhyay has filed a petition praying that legislators be debarred from practicing as Advocates (for the period during which they are Members of Parliament or State Assembly), in spirit of Part-VI of the Bar Council of India Rules..In the alternative, he has sought for a direction quashing Rule 49 of the Bar Council of India Rules as ultra vires the Constitution and its basic structure, and to permit all Public Servants to practice as Advocates..In the previous hearing, the CJI had directed that a copy of the petition be served on the Central agency while seeking the assistance of Attorney General..The Bar Council of India (BCI) too had issued notice to MPs, MLAs and MLCs who continue to practice law, following Upadhyay’s submission that since the MPs, MLAs etc. are being paid salary by the government, they cannot be allowed to practice, as per the Advocates Act and BCI Rules..A Committee comprising the top brass of the BCI had also sought the comments of the practicing MPs, MLAs and MLCs. The press release stated,.“The Council has thought it just and proper to seek the comments of those MPs, MLAs or MLCs who are in Legal practice, before taking any final decision in this matter. It is very important issue which may have a far-reaching affects; therefore, it is necessary to invite the opinion, views and comments of the concerned persons.”.Notice was reportedly issued to over 500 legislators, including Kapil Sibal, Abhishek Manu Singhvi, KTS Tulsi, P Chidambaram, Vivek Tankha, K Parasaran, Bhupendra Yadav, Meenakshi Lekhi, Pinaki Mishra, Satish Mishra and Ashwini Kumar.
The Supreme Court today issued notice to the Bar Council of India (BCI) in a petition seeking ban on MPs and MLAs from practicing law..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud heard Senior Counsel V Shekhar appearing for petitioner Ashwini Kumar Upadhyay and Attorney General KK Venugopal..Venugopal told the court that a similar matter is pending before BCI but his stand on the issue was not audible..The Court remarked that it will hear the views of BCI and issued notice and proceeded to post the matter for hearing on April 23..Ashwini Kumar Upadhyay has filed a petition praying that legislators be debarred from practicing as Advocates (for the period during which they are Members of Parliament or State Assembly), in spirit of Part-VI of the Bar Council of India Rules..In the alternative, he has sought for a direction quashing Rule 49 of the Bar Council of India Rules as ultra vires the Constitution and its basic structure, and to permit all Public Servants to practice as Advocates..In the previous hearing, the CJI had directed that a copy of the petition be served on the Central agency while seeking the assistance of Attorney General..The Bar Council of India (BCI) too had issued notice to MPs, MLAs and MLCs who continue to practice law, following Upadhyay’s submission that since the MPs, MLAs etc. are being paid salary by the government, they cannot be allowed to practice, as per the Advocates Act and BCI Rules..A Committee comprising the top brass of the BCI had also sought the comments of the practicing MPs, MLAs and MLCs. The press release stated,.“The Council has thought it just and proper to seek the comments of those MPs, MLAs or MLCs who are in Legal practice, before taking any final decision in this matter. It is very important issue which may have a far-reaching affects; therefore, it is necessary to invite the opinion, views and comments of the concerned persons.”.Notice was reportedly issued to over 500 legislators, including Kapil Sibal, Abhishek Manu Singhvi, KTS Tulsi, P Chidambaram, Vivek Tankha, K Parasaran, Bhupendra Yadav, Meenakshi Lekhi, Pinaki Mishra, Satish Mishra and Ashwini Kumar.
