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The Supreme Court will be pronouncing its judgement on the petition, filed by BJP leader and Advocate Ashwini Kumar Upadhyay, seeking a declaration that a person cannot be permitted to perform the role of a lawyer as well as a legislator (MP/MLA). Tomorrow, a Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud, will issue the verdict.
In December last year, Mr. Upadhyay had addressed a letter to Mr. Manan Kumar Mishra, Chairman of the Bar Council, seeking debarment of MPs and MLAs from practicing law. The letter was relied on the Supreme Court’s decision in Dr. Haniraj L. Chulani v. Bar Council of Maharashtra & Goa, 1996 AIR 1708, wherein the court held that a person qualified to be an Advocate would not be admitted as one if he is in full-time or part-time service or employment, or is engaged in any trade, profession or business. The letter further cited the other restrictions on employments , specified in Section VII, Chapter-II of Part-VI of the Bar Council of India Rules.
However, the BCI sub-committee, formed in response to the letter, ruled that legislators can be allowed to practice. In its order, the sub-committee comprising of B.C. Thakur, R.G. Shah, D.P. Dhal and S. Prabhakaran, observed that all kinds of legally regulated professions like medicine and law are compatible with public services/ duties. Hence, there is no valid reason as to why services of an advocate, who happens to become an MP/MLA, should not be available to general litigant public who are aggrieved by any deed/act of the government.
Mr. Upadhyay then approached the Apex Court, challenging the permission granted to an individual to perform the dual role of a lawyer and a legislator, on the grounds that it causes a conflict of interest and is a violation of the BCI rules. Having heard several stakeholders, the three judge bench reserved its judgment on the matter on July 9.
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