SC to hear plea to ban lawmakers from practising as advocates

The Supreme Court today said it would hear next week a plea seeking to ban legislators from practising as advocates.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud also sought the assistance of Attorney General K K Venugopal on a plea which alleged that parliamentarians and legislators practising as lawyers pose a "conflict of interest" and violate the provisions of the Advocates Act and the Bar Council of India Rules.

The petition, filed by BJP Delhi spokesperson Ashwini Kumar Upadhyay, said while a public servant cannot practice as an advocate, legislators are practising in various courts which was a breach of the Article 14 of the Constitution.

 

"Legislators take fee from litigants and also the salary from the public exchequer, which is a professional misconduct," the plea said.

The plea said the issue is a matter of concern for both the judiciary and the legislature as most of the lawmaker-advocates are involved in the active practice of law, despite receiving salaries and other perquisites from the public exchequer.

"They (MPs and MLAs) also utilise their position as MPs/MLAs to be visible in public domain, including on television where they give interviews or participate in shows.

This essentially amounts to advertising as their brand' is promoted among the public, many of whom are potential litigants," the plea said.

The petition also pointed out that the MPs have the power of voting on the impeachment of judges of the Supreme Court and the high courts.

"Therefore, allowing them to practice as an advocate in the Supreme Court and the high courts is a very serious 'conflict of interest' because it may allow the judges to feel beholden to them and to oblige them," the petition said.