Now, Law Commission recommends: Lawyers who go on strike should be punished

March,25,2017:

Law Commission suggest that bring Amendments in Advocates Act for all litigants to claim  the compensation for loss due to misconduct of the lawyers for participating in the strike

Law Commission of India has suggested to Centre that the litigants, who suffer on account of misconduct by the lawyers and strikes in the courts, be allowed to seek compensation at a forum established under the law.

Commission, which is headed by former Supreme Court Judge Justice B S Chauhan, has submitted report to the Ministry of Law and Justice and stated that there should be a provision for awarding punishment to the errant lawyers.Law Commission has recommended to Centre to amend the law to ban strikes by the lawyers which had reached “terrifying proportions“ and make provision for punishing the Advocates for boycotting the Court proceedings resulting in wastage of the precious judicial time and suffering of the litigants.

The Commission further stated that there is an urgent need to rein in the unscrupulous lawyers and their associations resorting to strike on the issues having no relevance to working of the courts.

It suggested Government to bring Amendments in Advocates Act for all litigants to claim  the compensation for loss due to misconduct of the lawyers for participating in the strike.

It suggested that Section 7 of the Act should be amended “to make rules to deal with the strikes, boycotts or abstentions from Courts by Advocates, provide for the suitable measures in this regard and to provide for punishments including punishment of disqualification from contesting any election of the Bar Councils or of Bar Association for a period of six years."

Law Commission said Act of going on the strike amounts to a violation of Advocate's duty and also contempt of the court. It further stated that such illegal activity had been going on unabated despite Apex Court's order.