Can MPs and MLAs advocate or not? This poses an important question to us. To answer this question, we need to review the Advocates Act 1961 and the decision given by the Supreme Court from time to time . First of all, know who is the advocate?
Under Section 2 (1) of the Advocates Act, 1961, a person who is registered in the name of the State Legal Council of a State shall be considered as Advocate .
According to Section 49 of the Advocates Act 1961, a lawyer should not be a salaried employee of government, firm, corporation etc. under any person .
Supreme Court’s suit and important decision in this regard
- In the case of M Karuna Nidhi Vs Union of India 1979, the Supreme Court gave an important decision saying that MPs and MLAs are public servants , as per the Public Servants No Parliament Act 1954 , MLAs and MPs get salary, allowances etc. but it does not It can be said that there is a relationship between the government and MPs / MLAs like owner and employees. And the MLA MP should not be allowed to advocate, there is no such rule, so they can advocate.
- Even in the year 2018, the Supreme Court rejected the petition that prevented Sansad and MLA from advocating that Sansad MLA Phool Time does not fall in the category of salaried employees so they cannot be stopped from advocating.
Since the Bar Council of India sets standards of professional conduct and etiquette for advocates and regulates jurisdiction, this institution also does not prevent MLA MPs from advocating.
Thus the MLA and MP cannot be stopped from advocating. A lawyer is an important link of the court, in a way he is considered part of the judiciary .
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