The Bar Council of India has resolved not to allow the Lawyer-Parliamentarians who participate in impeachment proceedings against a Supreme Court or a High Court Judge, to practice law or appear before that Judge/Court.
The resolution was passed on 18th March, while considering the petition by BJP leader Ashwani Kumar Upadhyaya.
The Council accepted the Sub-Committee report to the extent that the legislators cannot be stopped from practicing law. However, the committee had also suggested framing of rules barring MPs from appearing before the Judge/Court against whom motion of removal under the Judges(inquiry) Act, 1968 has been admitted either by the Speaker of the Lok Sabha or by the Chairman of Rajya Sabha.
The Council said that it accepts the report ‘except the part relating to the removal proceedings of Judges before the Parliament”.
Kapil Sibal, Vivek Tankha, P. Chidambaram, AM Singhwi, KTS Tulsi and Salman Khurshid are prominent Lawyer MPs, who are legislators belonging to Congress Party in the Parliament. Earlier, there were reports that, Indian National Congress, along with some other opposition parties, has initiated the process for impeachment of Chief Justice of India Dipak Misra.
While addressing a press conference here in Delhi Bar Council of India Chairman Manan Kumar Mishra said The decision of BCI is not recommendatory but binding to all practicing lawyers. We are not naming anyone. But if someone breaks this condition we will take legal action.
This would effectively prevent Congress stalwarts and senior lawyers like Kapil Sibal, Abhishek Manu Singhvi, KTS Tulsi and P Chidambaram.
Read the Resolution Here