Independent Bar & Independent Bench II

Lawyers have no right to go on strike or even token strike. They cannot abstain from appearing in Courts in pursuance of a call for strike or boycott. These strikes interfere with administration of justice and put interests of clients in jeopardy. There is a duty owed [Ex-Capt. Harish Uppal, (2003) 2 SCC 45]. This was also considered in Common Cause, (2006) 9 SCC 295 and Krishnakant Tamrakar, (2018) 17 SCC 27.

To go on strike or to boycott Courts cannot be justified under Article 19(1)(a). It would affect the rights of others and more particularly, the right of speedy justice guaranteed under Articles 14 and 21.

Despite the warnings by Courts time and again, still, in some Courts, the message has not reached. A day has now come for The Bar Council of India and The Bar Councils of the States to step in and to take concrete steps.

Hon’ble Justice M.R. Shah, District Bar Association, Dehradun v. Ishwar Shandilya, [SLP (Civil) No. 5440 of 2020].

They, These, There, This.