Opinion | Lawyers' Strikes Cry For A Permanent Solution

Lawyers’ strikes are one of the reasons for the staggering pendency of cases in India

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Today, October 29, litigants of various district courts in Delhi got major relief as lawyers returned to work after a two-day strike.

The Co-ordination Committee of All District Courts Bar Associations of Delhi decided to resume work after two officers of Shahdara police were transferred.

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The matter was limited to one criminal case, where action was demanded by lawyers. The lawyers had alleged that an ACP had threatened them with his revolver. After the ACP and an SHO were transferred on Wednesday, the lawyers got back to work on Thursday.

The issue of what happened between the lawyers and the Shahdara Police in Delhi is not important. The real question is, do lawyers have a right to strike work?

In a landmark judgement in the case of Ex-Captain Harish Uppal vs Union of India, the Supreme Court had decided on 17 December, 2002, stating clearly, in its concluding para 35, that “lawyers have no right to go on strike or give a call for boycott, not even on a token strike". The Supreme Court has reiterated this principle many times.

Strikes by lawyers delay justice. A litigant has a right to speedy justice and a fair trial.

Around six crore cases are pending in the judicial system. Meaning in the Supreme Court, in the High Courts, and in the District Courts put together. Another six crore-odd cases are pending before quasi-judicial authorities, meaning tehsildars, SDMs, ADMs, DMs, additional commissioners, commissioners, revenue boards, various tribunals, etc. And........

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