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Three out of four members from the BCI sub-committee having B.C Thakur, R.G Shah, D.P Dhal were of the view that legislators, MLA’s, MP’s and MLC’s can be allowed to practice. However the Bar Council of India has said that final decision pertaining to the issue will be taken after wider consultation and discussion. BCI Chairman Manan Kumar Mishra announced that though four members were in favour of allowing legislators to practice as lawyers , however one member S. Prabhakaran said they should be debarred on grounds of conflict of interest and office of profit. General Council has hold the view that matter needs thorough consideration being a serious issue. They said that the notices sent to MP’s and MLA’s providing eight weeks’ time is most likely to expire next week, Therefore , the final decision for the next meeting will be taken next week. Bar Council was acting on representation of advocate and Delhi BJP leader Ashwini Upadhyay who cited a BCI rule that restricts a salaried employee from practicing as an advocate. Upadhyay argued that ‘MLA’s and MP’s get salary from consolidated fund of India, hence they are employee of the state and the BCI rule 49 restricts a salaried employee from practicing as an advocate , moreover under Prevention of Corruption Act, MLA’s and MP’s are government servants. He further said that ‘Nobility of profession of law has to be preserved and protected. Therefore, the provisions of the Advocates Act and the BCI rules must be given effect in letter and spirit to maintain clean and efficient bar to serve cause of justice.
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