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Legislator as lawyer: Supreme Court to hear plea seeking ban on practice on Tuesday

A Bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud will pronounce the order on the PIL filed by BJP leader and advocate Ashwini Upadhyay. 

Published: 25th September 2018 04:41 AM  |   Last Updated: 25th September 2018 07:22 AM   |  A+A-

Supreme Court

Image of the Supreme Court used for representational purposes (File | PTI)

By Express News Service

NEW DELHI: The Supreme Court is likely to pronounce on Tuesday its verdict on a plea seeking to ban lawmakers from practising as advocates in courts across the country. A Bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud will pronounce the order on the PIL filed by BJP leader and advocate Ashwini Upadhyay seeking to bar lawyer- lawmakers, such as members of Parliament and state legislatures, from practising in courts during their tenure in the legislature.

The Centre had opposed the plea and stated that an MP or an MLA was an elected representative and not a full-time employee of the government and hence the plea was not maintainable. However, senior advocate Shekhar Naphade, appearing for Upadhyay, had told the court that a lawmaker draws a salary from the public exchequer and a salaried employee is debarred by the Bar Council of India from practising in the courts of law.

The plea said the issue is a matter of concern to 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 drawn on the public exchequer.

Centre opposed plea

The Centre had stated that an MP or an MLA was an elected representative and not a full-time employee of the government and the plea was not maintainable.

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