In Brief
A petitioner sought a direction to debar legislators (MPs/MLAs/MLCs) from practising law while serving in Parliament or State Legislatures, arguing they are paid public servants with full-time obligations and that allowing dual practice creates conflict of interest. The Supreme Court dismissed the petition, holding that Rule 49 of the Bar Council of India Rules—which prohibits full-time salaried employees from practising—does not apply to legislators. The Court found legislators occupy a unique constitutional position; receiving salary does not make them full-time employees in the statutory sense. With no express prohibition in the Advocates Act or Rules, the Court refused to impose restrictions, noting the Bar Council itself opposes any such ban. Professional misconduct must be determined case-by-case, not by presumption of status.
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