JUDGMENT :

A.M. Khanwilkar, J.

1. By this writ petition filed under Article 32 of the Constitution of India as a Public Interest Litigation, the petitioner prays for issue of a writ of mandamus or direction to debar the legislators from practising as an Advocate (during the period when they are Members of Parliament or of State Assembly/Council) in the spirit of Part-VI of the Bar Council of India Rules (for short, ‘the Rules’) or, in the alternative, declare that Rule 49 of the Rules is arbitrary and ultra-vires the Constitution and to permit all public servants to practise as an advocate. During the pendency of this writ petition, multiple interlocutory applications have been filed by different protagonists supporting the relief claimed in the present writ petition.

2. According to the petitioner, the elected people’s representatives take a constitutional oath to serve the people and are supposed to work full-time for public causes. They also draw their salary from the consolidated fund. Being public servants, they cannot be permitted to practise as an advocate. For, if they are allowed to practice law they would charge fees from their private clients and, at the same time, continue