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On a complaint filed by the BJP leader Ashwini Upadhyay, the Bar Council of India has issued notice to various MPs and MLAs who are practicing lawyers in the courts of the country asking them to justify their practice and non-debarment from the council. In his representation, Ashwini argued that since the politicians are already taking salary under the government, they are barred from practice under the advocates act and the rules of the Bar Council. Based on the precedents established by the SC, he said that the MLAs/MPs cannot secure an assured service for their clients due to their status as public servants and duty to attend to parliamentary functions. He also argued that such legislators risk a conflict of interest in cases where the judiciary is delivering the opinion involving the government. This also has the potential to inculcate a bias in the judicial echelons.
After receiving the complaint, the BCI had formed a sub-committee consisting of its members and chaired by BC Thakur, RG Shah, DP Dhal and S Prabakaran. It was the committee’s decision to send a notice in compliance with the principles of natural justice. Since it is an important matter, the committee has decided to gather the opinions and views of the other parties. Bar Council of India chairman Mannanmisra has stated that MPs like KapilSibal, Salman Khurshid, Abhishek Manu Singhivi, MeenakshiLekhi, BhupendraYadav, KTS Tulsi, Satish Mishra and P Chidambaram will be served notices by emails or individually.
On the other hand. Abhsihek Manu Singhvi has argued that many people juggle work with a sense of duty, social work etc. He also said that involvement in politics which is not even a profession and has no legal qualification doesn’t debar from practice of law.
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