The Supreme Court bench of Chief Justice of India (CJI) Ranjan Gogoi and Justice Ashok Bhushan on Friday dismissed a PIL seeking to restrict Members of Parliament (MP) and Members of Legislative Assembly (MLA) from practising legal profession till they demit thier office.
"Why should MPs be prohibited from practice ? You don't want MPs to practice in the court as they are public servant....," CJI said and junked a PIL filed by a retired army officer from Haryana who sought the Court to issue guidelines to bar lawmakers from taking up any other profession till they demit office.
Advocate Ashwini Upadhyay appeared for petitioner Anil Kabotra.
According to the petition, MPs and MLAs are public servants under the law. He cited Section 21 of the Indian Penal Code, and Section 2(c) of the Prevention of Corruption Act (PCA) .
Some of them were too preoccupied with other professional or business-related work to take part in House debates.
There is lack of accountability and disinterest in discharging their noble constitutional duty by several MPs, as per the petitioner.
Last year, a three judge-bench of the Supreme Court had dismissed a petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA).