ASHWINI KUMAR UPADHYAY vs UNION OF INDIA

The Supreme Court, while adjudicating a writ petition under Article 32, held that legislators cannot practice as advocates while serving as Members of Parliament or State Assemblies, citing Rule 49 of the Bar Council of India Rules and the potential for conflict of interest. The Court emphasized that the dual role of a legislator and an advocate could lead to professional misconduct, undermining the integrity of the legal profession and the legislative process. The petition was thus upheld, reinforcing the principle that public servants must prioritize their duties to the public over private legal practice.