The Right of Lawyers to Go On Strike

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I. THE RIGHT OF LAWYERS TO GO ON STRIKE

This section will analyze the issue of whether lawyers have a right to strike. The legal position with respect to the right of lawyers seems clear after the cases of Harish Uppal and even Common Cause : lawyers have no right to strike. In this part, a review of case law will help articulate the legal position with respect to strikes by lawyers.
In Harish Uppal v. Union of India, the Court stipulated that:
“[…] lawyers have no right to go on strike or give a call for boycott, not even on a token strike.
The Court went on to say that if a protest is required, it can only be done by issuing statements in the press, television interviews, wearing coloured arm bands, carrying banners, placards, peaceful gatherings, fasts, etc. outside the court premises. It said that lawyers holding vakalats “cannot refuse to attend Courts in pursuance to a call for strike or boycott.” If such lawyers do not attend court proceedings, then they would be personally liable to pay costs and even damages to his client. It urged lawyers to “boldly refuse” any invitation to strike. Further, it held that the Bar Association or Council cannot allow any meeting for deliberating a call for boycott. The Association cannot compel or threaten lawyers to join the strike and cannot impose any penalties on a lawyer refusing to participate in a strike. It stated that Courts had a duty to proceed with the matters before them and had absolutely no compulsion to adjourn these matters because lawyers are on strike.
In Mahabir Prasad Singh v. Jacks Aviation Pvt. Ltd., the Court while upholding the judicial process stated that:
“Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying...

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...or national lawyer strike because of police-lawyer violence”, Legally India, March 08, 2013. Available at: http://www.legallyindia.com/201303083501/Bar-Bench-Litigation/bci-calls-for-national-lawyer-strike-because-of-police-lawyer-violence

18. Prachi Shrivastava, “Orissa, Madras lawyers on double hunger strike ‘unto death’ over bench, language, as Mumbai strikes ‘successful’.”, February 06 2014. Available at: http://www.legallyindia.com/201402064319/Bar-Bench-Litigation/orissa-madras-double-hunger-strike

19. Abhinav Garg, “Lawyers strike to bail themselves out”, The Times of India, January 08, 2009. Available at: http://timesofindia.indiatimes.com/city/delhi/Lawyers-strike-to-bail-themselves-out/articleshow/3949016.cms

Reports:

Law Commission of India - One hundred and thirty first report. Available at: http://lawcommissionofindia.nic.in/101-169/Report131.pdf

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