Balancing The Scales: The Ethical Dilemma Of Advocates' Strikes And Their Impact On Justice

Manya Garg, B.A. LL.B., School of Law, Narsee Monjee Institute of Management Studies, Bengaluru

ABSTRACT

The moral conundrum presented by advocates' strikes raises substantial concerns about how the pursuit of justice and professional responsibilities intersect. This paper deals with how strikes by such professional members of judiciary are typically aimed at the want for better working conditions, pay etc., which can inadvertently impact the delivery of justice. The present research is focused on the problem of numerous strikes declared lately by activists in India. The article discusses several facets of the issue and argues that the basic right to organize an association does not extend to the lawyers' ability to strike. It also explains why the judiciary deemed such a call for strikes to be unlawful and unconstitutional. This article throws light on the role and responsibilities of the Indian Bar Council in meeting the challenges in the legal profession. This it does with special emphasis on protests and strikes by lawyers. Various obstacles that are assessed to come in the way of such protests and strikes and their effects on the administration of justice. The article examines past lawyer strikes, as well as the consequences this has on the legal system and the ethical obligation a lawyer has to the public and their clients. Second, recommendations of the Law Commission debate possible remedies to the grievances of the advocates and make sure that harmony is maintained within the legal system. It is such a balancing analysis that provides for equilibrium between these competing ethical considerations and the research yields a balance because integrity in the justice system has to be maintained.

Keywords: Ethics, Advocate, Strike, Law, Justice