Legislators may continue practising as advocates absent an express statutory bar; Rule 49 does not apply to them.

The Advocates Act, 1961 and the Rules made under it restrict the right to practise only where an express statutory bar exists. Rule 49 applies to a full-time salaried employee and does not cover legislators, whose office is constitutional and not an employer-employee relationship with the Government merely because they receive salary, allowances or pension. No other rule expressly bars MPs, MLAs or MLCs from practising law. Allegations of conflict of interest or professional misconduct cannot be presumed from legislative office alone and must be proved on the facts of each case.

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Issues: Whether legislators can be debarred from practising as advocates during the period when they continue to be Members of Parliament or State Legislature.

Analysis: The governing provisions in the Advocates Act, 1961 and the Rules framed thereunder regulate the right to practise and permit restriction only where the statute or rules expressly so provide. Rule 49 applies to a full-time salaried employee of a person, government, firm, corporation or concern. Legislators are elected members of the House and do not stand in an employer-employee relationship with the Government merely because they receive salary, allowances or pension. Their status is distinct and constitutional in character, and they do not fall within Rule 49. The Rules contain no other express restriction barring MPs, MLAs or MLCs from practising law. Allegations of conflict of interest or professional misconduct cannot be presumed from legislative office alone and must be established on the facts of a particular case.

Conclusion: Legislators cannot be prohibited on the present statutory framework from practising as advocates during their tenure, and the challenge to Rule 49 also fails.

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