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2002 Supreme(SC) 1249

Harish Uppal – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

Based on the provided legal document, the key points regarding the legality of lawyers' right to strike and their obligations are as follows:

  1. Lawyers do not have a legal right to go on strike or to call for a boycott of courts. Such actions are considered illegal and unprofessional (!) (!) .

  2. Lawyers who abstain from court proceedings due to strike calls, despite holding Vakalats, are personally liable to pay costs and damages to their clients for the loss suffered (!) (!) .

  3. The duty of an advocate who has accepted a brief is to attend court and participate in the proceedings. Refusal to do so, especially on account of a strike or boycott, constitutes professional misconduct and contempt of court (!) (!) .

  4. Courts are obligated to proceed with judicial business irrespective of lawyers' strikes. They are not required to adjourn cases and should not be privy to strikes or boycotts (!) (!) .

  5. Any attempt by lawyers to obstruct or prevent colleagues from discharging their professional duties, including attending court, is a criminal offense and can lead to contempt proceedings (!) (!) .

  6. The role of Bar Councils and Bar Associations is to uphold professional standards and ensure discipline. They are not authorized to call or endorse strikes or boycotts; such calls should be ignored and may result in disciplinary action (!) (!) .

  7. The dignity, independence, and integrity of the Bar and judiciary are paramount. In exceptional cases involving threats to these principles, protests may be tolerated for a limited duration, but even then, the courts may turn a blind eye to such protests for a day (!) (!) .

  8. The right of appearance in courts is subject to the control and supervision of the courts themselves. Rules can be framed to regulate conduct and prevent unprofessional or unbecoming behavior, including strikes, which interfere with justice (!) (!) .

  9. The courts have the authority, including under statutory provisions, to frame rules that regulate advocates' practice and to take disciplinary action against advocates who participate in illegal strikes or boycotts (!) (!) .

  10. Overall, the legal framework emphasizes that lawyers must exercise self-restraint, uphold their professional duties, and avoid actions that disrupt the administration of justice. Alternative methods of protest, such as peaceful demonstrations and representations, are encouraged over strikes or boycotts (!) (!) .

These points collectively reinforce that the legal profession's obligations to uphold justice and the dignity of the courts outweigh any perceived right to strike, and that the courts and regulatory bodies have the authority to enforce discipline and maintain the integrity of the judicial process.


Judgment

S.N. Variava, J.—All these Petitions raise the question whether lawyers have a right to strike and/or give a call for boycotts of Courts. In all these Petitions a declaration is sought that such strikes and/or calls for boycott are illegal. As the questions vitally concerned the legal profession, public notices were issued to Bar Associations and Bar Councils all over the country. Pursuant to those notices some bar Associations and Bar Councils have filed their responses and have appeared and made submissions before us.

2. In Writ Petition (C) No. 821 of 1990, an interim order came to be passed. This Order is reported in (1995) 1 Scale p.6. The circumstances under which it is passed and the nature of the interim order are set out in the Order. The relevant portion reads as under:-

“2. The Officiating Secretary, Bar Council of India, Mr. C. R. Balaram filed an affidavit on behalf of the Bar Council of India wherein he states that a ‘National Conference’ of members of the Bar Council of India and State Bar Councils was held on 10th and 11th September, 1994 and a working paper was circulated on behalf of the Bar Council of India by Mr. V. C. Misra, Chairman, Bar Council of












































































































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