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SC reserves verdict on plea for banning lawmakers from practising law

Press Trust of India  |  New Delhi 

The today reserved its verdict on a seeking to ban legislators from practising as advocates.

A bench of and Justices A M Khanwilkar and D Y Chandrachud reserved the order after taking note of the Centre's submission that an or an MLA is an elected and not a full-time employee of the government.

However, senior Shekhar Naphade, appearing for Ashwini Kumar Upadhyay, told the court that a lawmaker draws a salary from the public exchequer and a salaried employee is debarred by the of from practising in the courts of

To this, the bench replied that employment postulates a master-servant relationship and the government of is not the master of a

The apex court was hearing the petition which said that while a public servant cannot practice as an advocate, legislators are practising in various courts which was a violation of Article 14 of the Constitution.

The said the issue is a matter of concern to both the judiciary and the legislature as most of the lawmaker-advocates are involved in active practice of law, despite receiving salaries and other perquisites drawn on the public exchequer.

The petition also pointed out that the MPs have the power of voting on the impeachment of judges of the and the high courts.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, July 09 2018. 21:50 IST
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