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July to September 2025 Article ID: NSS9412 Impact Factor:8.05 Cite Score:3437 Download: 82 DOI: https://doi.org/ View PDf
Lawyer’s Strike & Professional Ethics
Barkha Dwivedi
Research Scholar (Law) School of Legal Studies LNCT University, Bhopal (M.P.)Dr. Charu Chandra Vyas
Assistant Professor (Law) School of Legal Studies LNCT University, Bhopal (M.P.)
Abstract: The legal profession
occupies a vital role in ensuring the administration of justice, upholding the
rule of law, and safeguarding constitutional rights. However, recurrent strikes
and abstention from court proceedings by lawyers in India have raised critical
concerns regarding professional ethics and the effective functioning of the
justice delivery system. This research paper examines the socio-legal
dimensions of lawyers’ strikes, analyzing their impact on litigants, judicial
efficiency, and public trust in the legal system. The study investigates the
ethical obligations imposed on advocates under the Advocates Act, 1961, the Bar
Council of India Rules, and constitutional mandates, emphasizing principles
such as duty to the court, duty to clients, and commitment to legal justice.
Through review of landmark judicial pronouncements including Ex-Capt. Harish
Uppal v. Union of India (2003), this paper highlights that lawyers’
strikes are considered illegal and unjustified, except under the most
exceptional circumstances. The research also explores the underlying causes of
professional protests—ranging from political influence to institutional
dissatisfaction—and assesses alternative mechanisms for expressing collective
grievances without hampering court proceedings. The findings underscore the
need for stronger regulatory enforcement, ethical sensitization, accountability
mechanisms, and constructive dialogue between Bar Associations and judicial
authorities. Ultimately, the paper advocates for ethical legal practice that
balances advocacy rights with the paramount obligation to ensure uninterrupted
access to justice.
Keywords: Lawyers’ strike,
Professional ethics, Bar Council of India, Access to justice, Legal profession
in India, Judicial decisions.
