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Striking lawyers can be barred from practice: SC

New Delhi, December 27
Holding that no reason is good enough to paralyse the working of the courts through strikes, the Supreme Court has warned that if self-restraint is not exercised, then the courts can think of framing rules debarring striking lawyers from appearing for cases.

This observation was made by a five-judge Constitution Bench of the apex court while delivering the recent landmark verdict sending a clear signal that “lawyers have no right to go on strike or give a call for boycott, not even on a token strike”.

Referring to problems listed by the Bar Council of India as reasons for lawyers’ strike, the Bench said: “Of course the Bar may be concerned about such things but there can be no justification to paralyse the administration of justice.”

Mr Justice Variava, writing for the Bench, said: “We remain of the view that strikes are illegal and that courts must now take a very serious view of strikes and call for boycott.”

On the power of the court in this context, the Bench said the right of appearance in courts was still with in the control and jurisdiction of courts.

“Let the Bar take note that unless self-restraint is exercised, courts may now have to consider framing specific rules debarring advocates, guilty of contempt and/or unprofessional or unbecoming conduct, from appearing before the Courts,” the Bench said.

Article 145 of the Constitution and Section 34 of the Advocates Act give the Supreme Court and the high courts to frame rules regarding conditions on which a person (including an advocate) can practice in the Supreme Court and/or in the high courts and courts subordinate thereto.

Mr Justice Variva said if the courts frame such rules, it would be separate from the disciplinary jurisdiction of the bar councils as it would be concerning the dignity and the orderly functioning of the courts.

“The right of the advocate to practise envelopes a lot of acts to be performed by him in discharge of his professional duties,” he said. PTI