Supreme Court on Tuesday dismissed a petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA).
The three Judge Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud was pronouncing the Judgment on a petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay,
Mr. Upadhyay had, in December last year, addressed a letter to Chairman of Bar Council of India, Mr. Manan Kumar Mishra, seeking debarment of MPs and MLAs from practicing law.
The letter had relied on the decision rendered by the Supreme Court in the case of 1996 AIR 1708, wherein it was held that a person qualified to be an Advocate would not be admitted as one if he is in full-time or part-time service or employment, or is engaged in any trade, business or profession. It had further cited Section VII, Chapter-II of Part-VI of the Bar Council of India Rules, which list down restrictions on other employments.