Coming straight to the nub of the crucial matter, let me begin at the very beginning by first and foremost pointing out that it has been very rightly demanded by some eminent lawyers, activists and leaders in a letter written to the Bar Council of India (BCI) that those lawyers who become MPs and MLAs should be stopped from practising. The main ground on which they are demanding that the MPs and MLAs should be stopped from practicing is that they are drawing salary just like in any other profession. Then why should they be allowed to practice?
To put things in perspective, according to BCI Rule 49 those who are drawing salary in any field are not entitled to practice as a lawyer. BCI Rule 49 reads as follows: “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 employment, intimate the fact to the Bar Council on whose roll his name appears, and shall thereupon cease to practice as an Advocate so long as he continues in such employment”. The BCI will decide on this key issue in next three days. A high powered Committee has been constituted to look into this entire matter after a meeting held on this key issue decided on the same.
This must be discarded and I am cent percent sure that now this will be done soon! A uniform policy must be framed to restrict the public servants, people’s representatives and members of the judiciary to practice other professions in violation of Articles 14 and 15 of the Constitution and such conflict of interest must be treated as criminal misconduct to check what has been going on unabashedly since last more than 70 years in our country!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.