Supreme Court: MPs and MLAs can not be stopped by advocating

Supreme Court: MPs and MLAs cannot be stopped by advocating, politicians are not full-time employess

The Supreme Court dismissed the petition on September 25, 2018, which demanded the ban against MPs and MLAs advocating. The court has said that MPs and MLAs cannot be stopped from practicing as a law court because the politicians are not full-time employees.

The court clarified that the ban on advocacy under rule 49 of the Bar Council of India is only on people who are fully paid employees and the legislators or MPs do not come under it.

This verdict has been told by the Bench of Chief Justice Deepak Mishra, Justice AM Khanvilkar and Justice D.V. Chandrachud.
The Central Government has also opposed this petition through attorney general K. Venugopal. The court said on behalf of Venugopal that MPs are people's representatives and not the central government's full-time employees. Therefore, they can not be stopped from practicing in court.

Also, if the leaders are serving differently according to their abilities then you can not stop their profession because they have their basic right.
BJP leader Ashwani Upadhyay had pleaded in the Supreme Court that such MPs and MLAs should be banned from court practice. He cited the Court Practice of such leaders as unconstitutional, citing Rule 49 of the Bar Council of India.