Advocates, who become law-makers, cannot be debarred from practising in courts, the Supreme Court ruled Tuesday. The apex court said there was no express provision either under the Rules and the law regulating the profession of the lawyers to restrict them from practising on becoming members of Parliament, state assemblies or state councils.
“We hold that the provisions of the Advocates Act, 1961 and the Rules framed thereunder, do not place any restrictions on the legislators to practise as advocates during the relevant period.
“The closest rule framed by the Bar Council of India is Rule 49 which, however, has no application to the elected people’s representatives as they do not fall in the category of full-time salaried employee of any person, firm, government, corporation or concern,” a bench comprising Chief Justice DipakMisra, Justices A M Khanwilkar and D Y Chandrachud, said.
The court dismissed the PIL filed by BJP leader and advocate AshwiniUpadhyay seeking to bar lawyer-lawmakers (MPs, MLAs, MLCs) from practising in courts during their tenure in the legislature.
The top court said that legislators cannot be characterised as full-time salaried employees as there is no relationship of employer and employee.