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A debate about social networks questions if Indian parliamentarians can practice the law, caused by Deputy Kapil Sibal that represents the petitioners against the WAQF 2025 amendment law
Certain circumstances can disqualify a lawyer to practice, such as conflicts of interest, little ethical behavior, suspended licenses or occupy specific government positions. (Representative/Shuttersock)
A significant debate on social networks has arisen regarding the eligibility of Indian parliamentarians to practice law in court. This discussion was caused after the Supreme Court began to listen to requests against the WAQF 2025 amendment, with the outstanding lawyer and deputy Kapil Sibal that represents the petitioners.
Many have argued that Sibal’s position as MP disqualifies it to practice the law against a law with action in the government.
The central question revolves around the Law of Advocates of India, 1961, which regulates the legal profession in India. This law describes the registration, conduct and ethics for lawyers, and defines the role of the Indian Law Council (BCI) and the State Lawyers. However, it does not explicitly prohibit parliamentarians to practice law.
According to the law, lawyers must be registered in a State Bar Association and adhere to BCIS ethical standards. The lawyers used full by the Government or in other wage positions are prohibited from practicing the law.
However, the Supreme Court clarified in the 2018 case of Ashwini Upadhyay vs Union of India that parliamentarians and MLAs are not considered full -time government employees or salaried workers, which allows the issue to practice the law.
Certain circumstances can disqualify a lawyer to practice, such as conflicts of interest, little ethical behavior, suspended licenses or having specific government positions such as the general defender or the public prosecutor.
However, parliamentarians are not under thesis restrictions unless they maintain additional government posts that imply full -time obligations.
In summary, the Law of Lawyers of India, 1961, and the rules of the Council of Lawyers of India do not prevent parliamentarians from practicing the law, even against government laws, unless there is a direct conflict of interests or ethical concerns.
Kapil Sibal, therefore, retains his election to represent customers in the Court despite their status as a deputy, although their actions may be subject to scrutiny for ethical reasons.