Supreme Court · 2018 INSC 866 · Decided 25 September 2018
Ashwini Kumar Upadhyay v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 866 · [2018] 12 S.C.R. 92
- Case number
- WRIT PETITION (CIVIL) No. 95/2018
- Decided
- 25 September 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32, 99, 102
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 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
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