India law

April 02, 2017

The Supreme Court has refused to bar lawmakers from practising any other profession saying the issue is beyond the realm of its jurisdiction.

Rejecting a writ petition praying for the apex court’s direction in this regard, a bench of Chief Justice JS Khehar and Justice DY Chandrachud said the plea does not fall under the Supreme Court’s jurisdictions as specified under Article 32 of the constitution.

"The prayers made in this petition do not fall within the realm of our jurisdiction under Article 32 of the Constitution of India. The writ petition is accordingly dismissed," the bench said.

"There are doctors who became IAS officers and engineers who are diplomats," the court said.

"You also have a political affiliation," the bench reminded the petitioner Ashwini Kumar Upadhyay who is an advocate as well as a  BJP spokesperson.

Upadhyay told the bench that the restriction imposed on judges and public servants against engaging in other professions should also be applied to the lawmaker.

"Today, I saw five MPs in the Supreme Court. They have come here after signing a register at 11 AM in Parliament," he told the court.

To this, the bench said, "Your arguments make sense, but how can we frame policies?"

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The petitioner had sought framing of a uniform policy to restrict the lawmakers from practising any other profession.

He had said in his plea that members of Parliament "must attend Parliament everyday and dedicate themselves full-time for the welfare of people" as they have a very important role in the federal system.

May 28, 2023

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