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 – Writ petition for issuing writ/ direction to debar the legislators (MPs/MLAs/MLCs) from practising as an Advocate, during the period when they are Members of Parliament or of State Assembly/Council – Plea of petitioner that u/r. 49, Bar Council of India Rules there is an express 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 specified…
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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