MPs, MLAs, MLCs can continue to practise as advocates: SC

Vartha Bharati | 25-09-2018 | 18:47:00 IST

New Delhi, Sep 25: The Supreme Court on Tuesday said that lawyers-turned-lawmakers, both in Parliament and the state legislatures cannot be barred from practising before the courts during their term as lawmakers.

"To sum up, we hold that the provisions of the Advocates Act of 1961 and the Bar Council of India Rules framed thereunder do not place any restrictions on the legislators to practise as advocates during the relevant period," said the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud in their judgment.

The court said this while addressing a limited question whether legislators can be debarred from practising as advocates during the period when they continue to be the members of Parliament or a state Assembly/Council.

The top court judgment refusing to restrict lawmakers from practising as advocates before the courts has come as boost to senior lawyers Kapil Sibal, Abhishek Manu Singhvi, P. Chidambaram, K.T.S. Tulsi, Pinaki Misra, Meenakshi Lekhi and K. Parasaran, who are among the parliamentarians practising as advocates.

While rejecting the plea to bar the lawyer-cum-lawmakers from practising law before the courts, the top court also said that the conferment of power on the members of Parliament to move an impeachment motion against the judge(s) of the constitutional courts does not per se result in conflict of interest or a case of impacting constitutional morality or for that matter institutional integrity.

The court's verdict came on a plea filed by advocate and Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay, contending that MPs/MLAs practising as advocates pose a conflict of interest under the provisions of the Advocates Act, 1961, and the Bar Council of India Rules.

The plea had sought a ban on legislators practising as advocates for the period that they occupy such positions as lawmakers, contending that the dual role would also amount to professional misconduct when MPs and MLAs, who get salary and other benefits from public funds, appear against the government as lawyers.

The court said that merely because the advocate concerned is an elected people's representative, it does not follow that he/she has indulged in professional misconduct.

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Time has come to implement Women's Reservation Act: PM Modi's letter to LS, RS floor leaders

12-04-2026 ¦ 12-04-2026 IST

Prime Minister Narendra Modi (PTI)

New Delhi (PTI): Prime Minister Narendra Modi has said that the time has come for the implementation of the Women's Reservation Act in its true spirit and the 2029 Lok Sabha elections and Assembly elections are conducted with the quota for women in place.

In a letter to the floor leaders of Lok Sabha and Rajya Sabha, ahead of the three-day special sittings of Parliament, Modi also asked all members to come together in one voice to pass the amendments to the women's reservation law, officially known as Nari Shakti Vandan Adhiniyam.

"After extensive deliberations, we have reached the conclusion that the time has now come to implement the Nari Shakti Vandan Adhiniyam in its true spirit across the country.

"It is imperative that the 2029 Lok Sabha elections and Assembly elections are conducted with women's reservation in place," the Prime Minister said in his letter dated April 11.

The Budget Session of Parliament has been extended, and a special three-day sitting of the House has been convened on April 16 to 18.

The Women's Reservation Act will ensure an increase in the number of Lok Sabha seats to 816, of which 273 will be reserved for women.

The provision to provide 33 per cent reservation to women in the Lok Sabha and state assemblies was brought by amending the Constitution in 2023.

However, the women's quota would have come into effect only after the completion of the delimitation exercise on the basis of the 2027 Census. This meant the reservation would not have become enforceable before 2034 if the present law remains as is.

To implement it from the 2029 Lok Sabha elections, changes were needed in the Nari Shakti Vandan Adhiniyam; hence, the government is holding a special session to pass the amendments to the law.