Strikes by Advocates: Right not to Work? (Paper)
- Namita Raje, NUSRL Ranchi
- March 20, 2021
Content :
Strikes, often resorted to by advocates more often than not turns out to be an attempt to interfere with the administration of justice. Given the fact that there’s a fiduciary relationship between a lawyer and a client, strikes by advocates has always been condemned. Lawyers try to shield their rights on the pretext of right to freedom of speech and expression and right not to work. The existence of the latter is debatable and that of former has riders over it. Moreover, it also affects the litigant’s fundamental right of speedy justice. Problem lies in the fact of no statutory recognition of prohibition to strike. The recent order of Allahabad HC stating that “by the absentation from judicial work, valuable judicial time has been criminally wasted” turns our heads, once again, towards such practices that have been continuing despite crystal clear precedents from the Hon’ble Supreme Court.
