New Delhi, Sep 25: The Supreme Court on Tuesday refused to impose prohibition on serving MPs and MLAs from practising law in court during thier tenure as legislators. Ruling out the 'conflict of interest', the apex court said serving lawmakers can practise law. A petition seeking the top court's intervention in the dual role played by MPs or MLAs.

A bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said Rule 49 of the the Bar Council of India Rules is applicable only to full-time salaried employees, and does not cover legislators within its ambit. The Bar Council of India also said that under the existing rules, the lawmakers were not barred from practicing before the courts. Supreme Court Declines to Bar Tainted MPs, MLAs From Contesting Elections or Disqualifying Them.

On July 9 when the to court reserved its verdict, Attorney General K K Venugopal said that it would be travesty if the lawmakers belonging to opposition are categorized as government employees and barred from practicing in the courts merely because they get some remuneration for discharging their responsibilities as public representatives. 58 MPs, MLAs Have Declared Hate Speech Cases, Maximum From BJP: ADR Report.

BJP leader Ashwini Kumar Upadhyay, who filed the petition, had pointed to "serious conflict" of interest, contending that as parliamentarians, they (practicing layers) have the power of voting on the impeachment of judges of the Supreme Court and High Courts and such a situation "may allow the Judges to feel beholden to them and to oblige them".

Rule 49 in Chapter VI of the Bar Council of India Rules says: "An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment".

In a two-fold plea, Upadhyay has sought to oust the lawyers-cum-lawmakers from the practicing, alternately seeking a declaration that Rule 49 is ultra vires the Constitution and its basic structure so as to permit all public servants to practice as advocates.

(The above story first appeared on LatestLY on Sep 25, 2018 11:24 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).