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Supreme Court Of India

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, D. Y. Chandrachud , JJJ

(A) Advocates Act (25 of 1961) , S.35, S.49, Chap.IV— Bar Council of India Rules (1975) , R.49, Part VI Chap.II— Professional misconduct - Constitutional validity of R. 49 - Legislator cannot be styled as full-time salaried employees - Merely drawing salary or various allowances does not result in creation of relationship of employer and employee between Government and Legislators - In absence of express provision in Act or Rules, Legislators cannot be debarred from practising as Advocate - R. 49 cannot be applied to Legislators and hence cannot be striked down. Constitution of India , Art.14, Art.19, Art.32— Legislator cannot be styled as full-time salaried employees. Status of Legislator is of member of house. No relationship of employer and employee. Merely drawing of salary or different allowances not resulting in creation of relationship of employer and employee between Government and Legislators. Legislators deemed to be public servant. Their status is sui generis and not of full time salaried employee of any person, Govt., firm and corporation. Even the expansive definition of term 'person' in the General Clauses Act will be of no avail. Legislators being elected people's representatives occupy seat in Parliament/Legislative Assembly or Council as its members but are not in employment and occupy a special position till dissolution of ho....