Supreme Court of India
Ashwini Kumar Upadhyay v. Union of India & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the provisions of the Act of 1961 and the Rules framed thereunder , do not place any restrictions on the legislators to practise as advocates during the relevant period.
Judgment, page 26
From the headnote
Constitution of India – Art.32 – W rit petition for issuing writ/ direction to debar the legislators (MPs/MLAs/MLCs) fr om practising as an Advocate, during the period when they ar e Members of Parliament or of S tate Assembly/Council – Plea of petitioner that u/r. 49, Bar Council of India Rules ther e is an expr ess restriction on advocates to take up other employment – Held: Rule 49 applies where an advocate is a full-time salaried employee of any person, government, firm, corporation or concern – Legislators cannot be styled as full-time salaried employees as such, much less of the
Authorities it was built on
- 1979 M. Karunanidhi v. Union of India
- 2015 Krishnamoorthy v. Sivakumar & Ors.
- 1996 Dr. Haniraj L. Chulani v. Bar Council of Maharashtra and Goa
- 2001 Satish Kumar Sharma v. Bar Council of Himachal Pradesh
- 1998 Sushma Suri Etc. Etc. v. Govt. of National Capital Territory of Delhi and Anr.
- 2004 Madhav M. Bhokarikar v. Ganesh M. Bhokarikar (dead) through Lrs.
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