Analyzing the Lawyer's Right to Strike in India

“The right to strike is necessary to support collective bargaining. Without the right to strike, collective bargaining is no more than collective begging “, this was the understanding of John Hendy, the QC, president for International Trade union rights. The right to strike is important as it allows workers to outline and display their complaints to either the public or to their management or higher authorities. Striking, as a right, is essential as it allows workers and employees to display their dissatisfaction with the treatment or with the way of conduct of the management. Strike is defined per section 2(q) of the Industrial Dispute Act 1947, as a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. This is an essential right as it gives workers and groups of people the voice to complain and note out issues which need redressal. The right to strike allows workmen to voice out their problems, be it in regards to their workplace environment, working conditions or wages of the same. Many employees face outrageous working conditions and inhumane treatment from their employers and after all that they are subjected to pennies for wages. Such problems can only be outlined in radical ways such as strikes. The absence of essential workers will surely raise alarm to the employers and the managing authorities which would ultimately lead to positive change in the disputed areas. However, the right to strike has been termed to be outside the ambit of the rights provided for under Article 19. In the Madhya Pradesh and Chhattisgarh Civil Service Rules, 1965 strikes and demonstrations were prohibited to government servants and directed the competent authorities to treat the duration as unauthorized absence. For lawyers, not only does it rain but it pours, as the code of conduct expected from the Advocates bans and frowns upon strikes as they are not in accordance with the dignified profession. Thus, the right to strike is not available for lawyers and is even considered illegal. This paper will focus on the provisions, availability and punishment of lawyer’s strikes in India in line with their discharge of duties as the key agents of the administration of justice.