ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Judicial Delays, Mounting Arrears and Lawyers’ Strikes

Report No 266 of the Law Commission of India, published on 17 March 2017, touches upon several aspects and issues regarding the state of the legal profession in India. The problem of lawyers’ strikes and consequent wastage of judicial time is discussed vis-à-vis the report. Lawyers’ strikes in India contribute to the problem of judicial inefficiency and the Law Commission recommends taking strong institutional actions to end these.

The Supreme Court has time and again stressed the importance of the legal profession in a country that is governed by a written constitution based on the idea of the rule of law.1 The importance of the legal profession in India can be gauged by the fact that it is the only profession mentioned by its name in the Constitution.2 Constant delays and pendency in courts in India have been a pressing concern for quite a while now. The extent to which lawyers’ strikes contribute to the problem of judicial delays and mountingarrears has been underscored once again, and most forcefully, by Report No 266 of the Law Commission of India, published on 17 March 2017.

The report touches upon several aspects and issues regarding the state of the legal profession in India. This article focuses on one particular issue, that is, the problem of lawyers’ strikes and consequent wastage of judicial time. It argues that lawyers’ strikes in India contribute to the problem of judicial inefficiency and result in wastage of valuable judicial time. It supports the Law Commission’s recommendations to end the problem of lawyers’ strikes by taking strong institutional actions.

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Updated On : 11th Aug, 2017

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