Bar Council resolution protest challenges: Uphold legal system integrity, find alternative methods.

The High Court examined challenges to the resolution passed by the Bar Council of India calling for abstaining from court work as a protest against a proposed amendment Bill. The Court emphasized lawyers' duty to find alternative protest methods without disrupting court proceedings, citing legal precedents. It differentiated between local Bar Association strikes and national Bar Council calls, highlighting the legislative process for proposed amendments. The judgment underscored lawyers' responsibility to uphold the legal system's integrity and urged them to address grievances judiciously, ultimately dismissing the petitions and emphasizing adherence to the Apex Court's directions.

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Issues:
1. Validity of the resolution passed by the Bar Council of India regarding abstaining from court work.
2. Legality of the call for strike by the Bar Council of India.
3. Comparison between local Bar Association strikes and national Bar Council calls.
4. Consideration of the Law Commission's suggestions and the legislative process.
5. Applicability of legal precedents on lawyers' strikes and protests.

Issue 1: Validity of the resolution passed by the Bar Council of India regarding abstaining from court work:
The High Court examined two Public Interest Litigations (PIL) challenging the resolution passed by the Bar Council of India on 26th March 2017. The resolution called for abstaining from court work on 31st March 2017 as a protest against the proposed amendment Bill of the Law Commission of India. The petitioners argued that it was premature to protest as the suggestions had not become law yet and could be challenged in court later. They contended that abstaining from work amounted to a strike, which is not permissible according to legal precedents.

Issue 2: Legality of the call for strike by the Bar Council of India:
The Bar Council of India justified the call for abstaining from work, citing rare circumstances where the dignity or integrity of the Bar and Bench was at stake, as per legal precedents. They argued that the Law Commission's suggestions warranted such action. However, the petitioners highlighted that lawyers have no right to go on strike as per the Supreme Court's judgment in ExCapt. Harish Uppal v. Union of India. The Court clarified that lawyers must find alternative ways to protest without disrupting court proceedings.

Issue 3: Comparison between local Bar Association strikes and national Bar Council calls:
The counsel for the Bar Council of Maharashtra and Goa distinguished between local Bar Association strikes and a national call by the Bar Council of India. They argued that the national call served the common interest of the entire lawyers' community. The Court was urged to consider the grievances raised by the Bar Council of India against the Law Commission's suggestions before passing judgment.

Issue 4: Consideration of the Law Commission's suggestions and the legislative process:
The Court emphasized the legislative process that the Law Commission's suggestions had to undergo before becoming law. It highlighted the stages involving Cabinet approval, Standing Committee scrutiny, and parliamentary debate. The Court noted that objections could be raised at various stages, and if the bill failed to get approval, the suggestions would not materialize. The Bar Council's grievances could still be addressed within this process.

Issue 5: Applicability of legal precedents on lawyers' strikes and protests:
The Court referred to legal precedents and the judgment in ExCapt. Harish Uppal v. Union of India, which prohibited lawyers from going on strike. Lawyers were directed to find alternative forms of protest that did not disrupt court proceedings. The Court stressed the importance of lawyers upholding their professional duties and responsibilities in maintaining the integrity of the legal system.

In conclusion, the High Court disposed of both petitions with observations emphasizing the need for lawyers to act responsibly and uphold the directions of the Apex Court. The judgment underscored the significance of lawyers' roles in dispensing justice and urged them to exercise wisdom and restraint in addressing grievances without resorting to strikes that disrupt court functions.

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