SHOULD LEGISLATORS BE BARRED FROM PRACTICING LAW ?
* 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