In Brief
A legislator (MP/MLA/MLC) filed a petition seeking a court order to prevent legislators from practising as advocates while serving in office, arguing it constitutes conflict of interest and professional misconduct. The Supreme Court dismissed the petition, holding that the Advocates Act, 1961 and Bar Council of India Rules contain no express prohibition on legislators practising law. Rule 49, which restricts full-time salaried employees from practising, does not apply to elected representatives as they occupy a unique constitutional status distinct from employment. The Court held that without express statutory restriction, it cannot debar legislators from practising as advocates, and that professional misconduct must be determined case-by-case, not by presumption of legislative status alone.
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