DOES AN ADVOCATE HAVE RIGHT TO STRIKE ?

Legal Profession is called  a noble profession.  An advocate has to discharge certain duties towards Court as well as  Client. An advocate has right to protest but does not have any right to strike.

An advocate does not have any fundamental right to strike under Article 19 or Article 21 of the Constitution as long an advocate holds vakalat. An advocate also does not have  right to strike under  Article 19 (1) (a) as it will violative of right of speedy justice as held by the Supreme Court in Hussainara Khatoon Vs. State of Bihar (1979) AIR 1369. Similarly  Article 19 (1) (g) grants an advocate right to practice profession of advocacy or discontinue it but Article 19 (1) (g) does not grant any right to strike to an advocate as long as an advocate holds vakalat.

Indulging in strike and boycotting courts result in various irreversible damages. The interests of clients are prejudiced. It creates obstruction in discharging  administration of justice.

The Calcutta High Court has  far back in 1922 held in Emperor Vs. Rajani Kanta Bose has held that a pleader can not boycott court.

The Supreme Court in Lt. Col. S. J. Chaudhary Vs Delhi Administration 1984 AIR 618  has held that absenting from court on concerted movement on the part of lawyers on a particular  day amounts to professional misconduct. If an advocate absents from accepting brief, the same is breach of professional duty.

The Supreme Court in Mahabir Prasad Singh Vs. Jacks Aviation Pvt. Ltd. ((1999) 1 SCC  has held that while retaining brief of client abstaining from appearing before court is unprofessional. No court is obliged to adjourn a case on strike call given by an association of advocates.

The Supreme Court in Roman Services Pvt. Ltd. Vs. Subhash Kapoor (2001) 1 SCC 118 has held that advocate will be answerable for any adverse consequences to litigants due of absence of an advocate on the strike call.

The  Constitution Bench of the Supreme Court in Ex-Capt. Harish Uppal Vs. Union of India (2003) 2 SCC45 has  held that Lawyers have not right to go on strike or give a call for boycott or even a token strike. The lawyers can protest by press statements, TV interviews, carrying out of court banners, wearing black or white or any other colour armbands etc.  The Supreme Court held that a lawyer holding a vakalat cannot refuse  to appear before a Court on account of strike. No lawyer van be visited with adverse consequences for refusing to participate in strike.  if a lawyer holding a Vakalat of a client, abstains from attending Court due to a strike call, he shall be personally liable to pay cost which shall be addition to damages which he might have to pay his client for loss suffered by him.  In rarest of rare cases, if dignity, integrity and independence of the Bar or Bench are stake, Court may ignore to a protest for not more than a day. In such cases President of the Bar has to consult the Chief Justice or District Judge, as the case may be, and decision of such chief justice or District Judge will be final.

Lawyers Strike and Contempt

Strike by lawyers is not only a professional misconduct but also contempt of court.

The Supreme Court in Krishnakant Tamrakar Vs. State of M.P ( 2018) 17 SCC 27 has held that strike has been declared illegal by it as  such strike by lawyers is also contempt of the Court and at least office bears who call for strike cannot disown their liability for contempt. Every resolution to go on strike is per se contempt. The Supreme Court also directed the Ministry of Law and Justice to compile quarterly report on strikes on the basis of which contempt proceeidngs may be initiated.

The Supreme Court  in Praveen Pandy Vs. State of M.P. (2018) SCC OnLine MP 281 has held that it is not permissible for the State Bar Council to give call for strike.

The Supreme Court in District Bar Association Dehradun Vs Ishwar Shandilya (2021) SCC OnLine SC 1071 reiterated the view of the Supreme Court in Krishnakant Tamrakar that the call for strike is contempt of Court.

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