SHOULD LEGISLATORS BE BARRED FROM PRACTICING LAW ?
The following reasons to stop the M.L.A M.P. ‘s from Practicing .
* The salaried can’t practice law as per Bar council of India Rules. The legislators work is a full time activity they have an office , bungalow , car is given and payed through a pay slip . Further they are public servants. Fighting cases against Government , the lawyer cum legislator , gets fee from the petitioner as well as salary from the respondent [Government – how can one can get salary from the Government and fight a case against it for a fee ? ]
* Public servants that is the Government employees are barred from engaging themselves in other Trade or business activity ; Legislators are also public servants as they are elected to serve the people and also are payed an allowance with a payslip.
* The legislators have a power to impeach Judges ; this could preassurise the Judge to give a favourable Judgement when the Legislator is arguing the case .
* India need full time legislators and not part time ones. That will not do justice to the Democracy.
* Rajya Sabha M.P.’s don’t have a constituency , majority of their time is in the Parliament debating participating in debates and serving people at different palces in India directly or indirectly. .
On the contrary there is no hue and cry for the other professionals like Engineers , Charted Accountants, doctors business men being allowed to be a legislator. As they are experts in their field with their diverse talents and varied experience that is shared in the Parliament .
But the objection comes from the bar council rule no 49 states that a full time salaried employee can’t practice as a lawyer .
ARE M.L.A M.P.‘s PUBLIC SERVANTS ? ARE THEY PART TIME OR FULL TIME ? more
* The salaried can’t practice law as per Bar council of India Rules. The legislators work is a full time activity they have an office , bungalow , car is given and payed through a pay slip . Further they are public servants. Fighting cases against Government , the lawyer cum legislator , gets fee from the petitioner as well as salary from the respondent [Government – how can one can get salary from the Government and fight a case against it for a fee ? ]
* Public servants that is the Government employees are barred from engaging themselves in other Trade or business activity ; Legislators are also public servants as they are elected to serve the people and also are payed an allowance with a payslip.
* The legislators have a power to impeach Judges ; this could preassurise the Judge to give a favourable Judgement when the Legislator is arguing the case .
* India need full time legislators and not part time ones. That will not do justice to the Democracy.
* Rajya Sabha M.P.’s don’t have a constituency , majority of their time is in the Parliament debating participating in debates and serving people at different palces in India directly or indirectly. .
On the contrary there is no hue and cry for the other professionals like Engineers , Charted Accountants, doctors business men being allowed to be a legislator. As they are experts in their field with their diverse talents and varied experience that is shared in the Parliament .
But the objection comes from the bar council rule no 49 states that a full time salaried employee can’t practice as a lawyer .
ARE M.L.A M.P.‘s PUBLIC SERVANTS ? ARE THEY PART TIME OR FULL TIME ? more
Viewed by 2564
View all 93 comments Below 93 comments
Legislators should be Barred from the Bar not only during their serving tenure but also not allowed to practice in next 5 years lest they influence judgements due to the positions held by them. more
Apr 09
While CJI commented on the Political Democratic Rule with allied Parties having Convicted for Financial Crimes ; Congress with added support planning to Recall CJI . Since 1985, the method of Congress is against JUDICIARY and their Directions even on Constitutional issues . POLITICS AND MUSCLE GROUPING BECAME THE ONLY POWER IN INDIA . more
Mar 28
Mr. Daniel, you have a point. If in-service-public servants are forbidden from carrying on their business(s), then why should MLAs/MPs not be? Politicians being known as public servants has gone out of minds of people in the past few decades and they have become a big power centre. In fact being in politics and being a politicians has become a very lucrative profession with all tax free white and black income. In the initial period, people having social status, social cause, practicing noble professions were elected by the society and they were not paid anything except some fringe benefits like free travel, some allowance and expense reimbursement unlike today's hefty packages. If we try to put restrictions like this, possibly youngsters will be discouraged to enter into politics. Instead, we all should come together and try to bring down the remuneration being paid to MLAs/MPs. more
Mar 28
Certainly, no doubt. Legislators are public servants on a full time basis, get remuneration for their services through the tax payer's money. Hence they CANNOT do double role. It can be termed as an office of profit, if they practice while in office as Legislator. The same principle goes for ALL government / pubic servants too. In case anybody is found doing the double role, immediate action must be initiated against such persons. more
Feb 16
Place of Profit by MPs, MLAs, MLCs is proved with the Misuse, Mis Allocation and Misappropriation identified. more
Feb 16
