After a Bar Council of India (BCI) committee decided 3 to 1 against banning legislators from practising as lawyers (which would have probably disproportionately affected the Congress party), BCI chairman Manan Kumar Mishra said that the BCI would defer a final decision on this issue.
However, in the meantime, the original complainant in this matter has filed a petition in the Supreme Court about it. Que sera, sera.
Live Law reported:
Plea To Ban Legislators From Legal Practice Reaches SC [Read Petition] | Live Law
Three days after a sub-committee of the Bar Council of India concluded in their report that MPs, MLAs and MLCs- cannot be barred from legal practice, the same petitioner Ashwini Upadhyay on Wednesday moved the Supreme Court challenging the permission to an individual to perform the dual role of a lawyer and a legislator on grounds of conflict of interest and violation of BCI rules.
“The writ petition is being filed under Article 32 seeking ban on Legislators from practicing as an Advocate (for the period they are Member of Parliament or State Assembly) in spirit the BCI Rule 49 and Article 14 of the Constitution”, Upadhyay, a Supreme Court lawyer and Delhi BJP leader, said in the petition
He emphasized on the BCI rule that restricts a salaried employee from practising as advocate.