The Supreme Court has warned the lawyers that if self-restraint is not exercised, then the courts can think of framing rules debarring striking lawyers from appearing for cases.
The Bar Council of India had called for a nationwide lawyers' strike on Wednesday to protest against the Legal Services Authorities (Amendment) Act, 2002, providing for Lok Adalats in every public utility service department.
The Supreme Court had ruled that lawyers cannot go on strike.
A five-judge Constitution bench gave a clear signal that "lawyers have no right to go on strike or give a call for boycott, not even on a token strike".
Referring to problems listed by the Bar Council of India as reasons for lawyers' strike, the bench said, "The Bar may be concerned about such things but there can be no justification to paralyse administration of justice."
"Let the Bar take note that unless self-restraint is exercised, courts may now have to consider framing specific rules debarring advocates, guilty of contempt and/or unprofessional or unbecoming conduct, from appearing before the courts," the bench said.
Article 145 of the Constitution of India and Section 34 of the Advocates Act give power to the Supreme Court and the high courts to frame rules regarding conditions on which a person (including an advocate) can practice in the Supreme Court and/or in the high courts and courts subordinate thereto.
Justice Variva said if the courts frame such rules, it would be separate from the disciplinary jurisdiction of the Bar Councils, as it would be concerning the dignity and the orderly functioning of the courts.
"The right of the advocate to practice envelopes a lot of acts to be performed by him in discharge of his professional duties," he said. "Hence courts cannot be and are not divested of control or supervision of conduct in court merely because it may involve the right of an advocate."
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