Court held that; Legislator cannot be styled as full time salaried employees. Status od Legislator is member of House. Merely drawing salary or allowances does not result in creation of relationship of employer and employee between government and legislators. Merely because Advocate is elected people’s representative , it does not amount to professional misconduct. In the absence of express provision in Act or Rules , Legislators cannot be debarred from practicing as Advocate, it does not amount to professional misconduct .
Ashwin Kumar Upadhyay v. UOI AIR 2018 SC 4633
S. 35:Punishment of advocates for misconduct- Status of Legislator is member of House. Legislator cannot be styled as full time salaried employees – Merely drawing salary or allowances does not result in creation of relationship of employer and employee between government and legislators- Merely because Advocate is elected people’s representative , it does not amount to professional misconduct – In the absence of express provision in Act or Rules , Legislators cannot be debarred from practicing as Advocate [ S.49, Bar Council of India Rules , 1975 R.49, Art. 14, 32 ]