• Advocate’s Right To Strike With The Analysis Of The Case: Ex-Capt. Harish Uppal V. Union Of India

    Aditya Gupta, Presidency University, Bangalore
    Yashika Sharma (see profile)
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    Right to strike is a Fundamental Right as provided under Article 19(1)(c) of the Indian Constitution. Under the umbrella of this Freedom Advocates also go on to strike. This right of strike of Advocates is always in question and debated hotly. An advocate is considered as the person who helps people to achieve justice. And this right of advocate to go on strike usually strive general public from getting Justice. It is usually said that Bar Association have no right to strike and boycott courts. Judiciary is the third pillar of Democracy. And this right of strike of advocates many a times have led to conflict between Bar and the Bench. There have been many judgements regarding this matter and for this research paper I am going to deal with one of the landmark judgements which is “Ex-Capt. Harish Uppal v. Union of India1 ”. And in between all these conflicts only and only the Justice seekers are really suffering which we can also find in this particular case. Though many attempts from time to time have been made to resolve this problem but then also it exists till date. Both the Bar and the bench share a common duty towards each other as if Bar have the duty to be courteous so as it is the duty of the court to be courteous and listen to the problems of its members.
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