The Supreme Court on Monday issued a notice to the Bar Council of India (BCI) seeking its response on a petition seeking to restrain lawmakers from practising as advocates.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued the notice on the plea which alleged there was a “conflict of interest” in lawmakers practising as lawyers and it violated the provisions of the Advocates Act and the Bar Council of India Rules.
Attorney General K K Venugopal, whose assistance was sought by the Supreme Court in the matter, said a similar plea had already been dismissed by the apex court earlier. The bench, however, maintained “this is sightly different.”
The petition, filed by BJP leader and Advocate Ashwini Kumar Upadhyay, contented while a public servant could not practise as an advocate, legislators were practising in various courts which was a violation of Article 14 of the Constitution.