BJP leader and Advocate Ashwini Kumar Upadhyay, in a letter addressed to Bar Council Chairman Manan Kumar Mishra, has sought debarment of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) from practising as advocates.
"Many MPs and MLAs appear as advocates even during the Parliament and Legislative Assembly sessions and participate in matters that affect financial interests of the country as well as financial interests of their spouse/children/blood relatives/partners/organisations in which they serve as officer/director/trustee/partner or employee, and person with whom they have an arrangement concerning prospective employment," Upadhyay said in the letter.
He requested the Bar Council to take appropriate steps to debar MLAs and MPs from practising as advocates and ensure compliance of the Advocates Act of the Bar Council of India Rules.
He cited various Supreme Court judgments, including Haniraj L. Chulani versus Bar Council of Maharashtra and Goa on April 8, 1996, wherein it was held that a person who is qualified to be admitted as an advocate but is in either full time or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an advocate.
The Apex Court had observed that the "legal profession requires full time attention and would not countenance an advocate riding two horses or more at a time".
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