Can Advocates Go on Strike in India?

Are you searching for whether Advocates can Go on Strike in India or not? It is called the Advocates are the backbone of the justice delivery system in India. But here a question arises that, what happens when these pillars of justice themselves choose to abstain from work in protest or solidarity? in simple I'm saying: what happens when these advocates (that is guardians of justice) decide to down their tools and go on strike? Can advocates in India legally go on strike, or does it clash with their professional duties? That's the matter because this question has sparked debates across courtrooms, bar associations, and academic circles for decades. Let’s explore the legal, ethical, and practical angles surrounding this issue. The answer is not a simple yes or no. It is a complex web woven of professional duty, the right to protest and the fundamental rights of every Indian citizen.  Let's unravel it.

Is It Legal for Advocates to Go on Strike?

The simple answer is NO—advocates in India are not legally permitted to go on strike.

The Supreme Court of India has repeatedly ruled that strikes by lawyers are unjustified and illegal. In the landmark case Ex-Capt. Harish Uppal v. Union of India (2003), the apex court declared: “Lawyers have no right to go on strike or give a call for boycott, not even on a token strike.”

The rationale is that: Lawyers' strikes paralyse the justice system, delay justice and adversely affect the rights of litigants. The judiciary has held that lawyers are officers of the court and their primary duty is to ensure justice - not disrupt it.

Also Read: Can a Government Employee Go on Strike in India?

What the Bar Council Says?

The Bar Council of India (BCI) that regulatory body for lawyers, discourages strikes. Rule 15 of the Standards of Professional Conduct and Etiquette under the Advocates Act, 1961 states that: “An advocate shall not conduct himself in a manner unbecoming of an officer of the court.” Although the Bar Council has sometimes expressed sympathy for lawyers' demands, it does not officially support strikes, especially when such actions disrupt court functioning.

 Right to Protest vs. Duty to Clients

It’s important to balance two crucial rights:

• Right to protest (Article 19(1)(a))
• Duty towards the court and clients

Though Article 19 of the Constitution guarantees freedom of expression, it is not an absolute right. When strikes paralyse courts or deny justice to litigants, the right to protest takes a backseat to public interest and the right to speedy justice under Article 21.

Why Do Advocates Still Go on Strike?

Despite being clear legal prohibitions, strikes by advocates still happen in various parts of India. Common reasons include:

• Protests against judicial transfers or judgments
• Demands for new benches or infrastructure
• Solidarity with other lawyers in conflict with police or authorities

But every time this happens, it reignites the debate: Are there better ways for lawyers to raise their concerns without compromising justice?

Conclusion

To sum it up we can say Advocates or lawyers in India are not legally allowed to go on strike. While their grievances may sometimes be valid, the method of protest must not derail the justice system. Lawyers have a dual role that they are both service providers and protectors of constitutional rights. With such power comes responsibility.

Disclaimer: This information is for academic purpose and general awareness only. The author is not responsible for any loss that have been occur to any one.

Frequently Asked Questions (FAQs)

1. Can advocates go on strike for one day?

Answer: Even a one-day strike is considered illegal by the Supreme Court, as it disrupts court proceedings and delays justice.

2. What happens if a lawyer refuses to attend court during a strike?

Answer: The court may take disciplinary action, and the client may also file a complaint for professional misconduct.

3. Are strikes by lawyers ever justified?

Answer: While the concerns may be justified, the method of strike is not. Alternatives like representation and PILs are legally acceptable.