NLC seeks ban on MP's practicing law

ANI | Updated: Dec 29, 2017 22:59 IST

New Delhi [India], Dec. 29 (ANI): President of National Lawyers' Campaign for Judicial Transparency and Reforms (NLC) Mathews Nedumpara on Friday wrote a letter to the Chairman of Bar Council of India seeking a ban on Members of Parliament practicing law in court.

In the letter, Nedumpara stated that the issue has been raised by Ashwani Upadhyay and they completely endorse the reason put forward by him in this regard.

Nedumpara further stated that whenever any Acts of Parliament and statutory instruments are challenged in the Supreme Court, it is often argued by counsels who are MPs, which in a way is a severe erosion of the supremacy and authority of the Parliament.

"Acts of Parliament and statutory instruments are challenged day in and day out in the Supreme Court. Often, those petitions are argued by counsels who are the very same members of Parliament who had either supported or opposed the passing of the Act in Parliament. The members of Parliament, who had supported or attacked the governmental policy in the parliament and outside, appear as counsel in the court. This has led to severe erosion of the supremacy and authority of the Parliament," the letter read.

He argued that the concept of separation of powers is the foundation on which the edifice of the Indian constitutional democracy is built, adding that the power of each section is equally divided and an MP appearing in a court challenging the Act of parliament would lead the situation into jeopardy.

"Members of Parliament appearing in Court challenging any Act of parliament or an action in the executive domain will render the fine balancing of the functions of the three pillars of the State in jeopardy. When there is a conflict of interest, as in the case of MPs challenging the wisdom of the legislature in court, the constitutional check and balances go astray," the letter added.

He said that when MPs who have the power to impeach a judge of the Supreme Court appeared before the courts, it could be possible that the judges concerned may not be able to discharge his function without fear. (ANI)

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