oppn parties When Lawyers Defy the Constitution

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  • Home Ministry confirms ITBP chiefs face-off claim with Chinese troops and says that it happens when the Chinese diverge from established patrolling patterns
  • Voting took place on Friday for 28 Legislative Council seats across Uttar Pradesh, Bihar, Karnataka and Maharashtra, covering graduates’ and teachers’ constituencies. Counting is scheduled for October 27, with the contests attracting attention ahead of the next round of state-level political battles
  • Delhi Police detained student activists and civil-society members during a march towards the Election Commission headquarters against the Special Intensive Revision of electoral rolls and demanding Chief Election Commissioner Gyanesh Kumar’s removal
  • The Delhi High Court dismissed a petition by All India Students’ Association president Neha Bora challenging a police notice requiring her to furnish a ₹10,000 personal bond and a surety to maintain peace. The court also directed that the material relied upon by the authorities be furnished to her
  • Kolkata Police arrested two more people, including the treasurer of the Chorbagan Durga Puja committee, in connection with the stampede that killed 19 people on October 17, taking the total number of arrests to nine. West Bengal Chief Minister Suvendu Adhikari said human error was primarily responsible for the Chorbagan stampede, while stressing that the retired judge leading the inquiry would determine the circumstances and findings
  • Haryana’s three-day electricity employees’ strike ended on Friday after Chief Minister Nayab Singh Saini assured union representatives that the government would oppose parallel power-distribution licences for Gurugram and Nuh. Energy Minister Anil Vij said the state would invoke Section 108 of the Electricity Act and seek a review of the regulator’s decision, which had triggered the strike and disrupted power supplie
  • The India Meteorological Department warned that a low-pressure system over the Bay of Bengal could intensify into a cyclone by October 26 and move towards the north Andhra Pradesh–south Odisha coast. The forecast indicated the possibility of thunderstorms and heavy rain in parts of southern West Bengal from October 28, although the system’s eventual intensity and track remained uncertain
  • The Union government proposed changes to its Periodic Labour Force Survey to improve measurement of digital-platform workers and unpaid activities, including caregiving, household production and volunteer work
  • India’s private-sector business activity expanded at its fastest pace in four months in October, according to the preliminary HSBC Purchasing Managers’ Index compiled by S&P Global. The composite index rose to 56.7 from September’s 55.9, driven by stronger services activity, but employment was unchanged, ending a nine-month run of hiring growth
  • The ₹30,213-crore initial public offering of Jio Platforms closed on Friday with an overall subscription of 22.19 times, attracting bids worth approximately ₹4.90 lakh crore. Institutional investors subscribed to their reserved portion 70.55 times, while the issue received more than 13.8 million applications, setting a record for an Indian public offering
  • A dispute over the India–UK trade agreement emerged after a trade association representing major liquor companies asked the Indian commerce minister to clarify whether bulk Scotch whisky imports qualified for the reduced 75% tariff agreed under the pact
  • Indian equity markets fell for a fourth consecutive trading session on Friday, with the Nifty 50 closing at 22,600, down 0.39%, and the Sensex at 73,123.83, down 0.17%. Both benchmarks recorded weekly losses as Brent crude approached $114 a barrel, intensifying concerns about inflation, corporate earnings and imported energy costs
  • Asian Para Games: India collected nine gold medals on the penultimate day to take its medal tally to 114, including 30 gold, 35 silver and 49 bronze, the highest in these games. India remained fourth on the table
  • India defeated Zimbabwe by nine wickets in the first women’s ODI in Vadodara, taking a 1–0 lead in the three-match series. Pratika Rawal scored an unbeaten 100, while Shree Charani claimed career-best figures of 4/23 as Zimbabwe were dismissed for 197 and India reached the target in 27.1 overs
  • Ishan Kishan was ruled out of the second T20 international against New Zealand after sustaining a low-grade strain in his right adductor muscle during the opening match. The BCCI said its medical team was monitoring his recovery but did not specify when he might return
Indo_-Tibetan Border Police chief Shatrujit Kapur says there have been ,utliple face-offs with Chinese troops across the Line of Actual Control
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When Lawyers Defy the Constitution

By Our Editorial Team
First publised on 2026-07-06 06:14:17

About the Author

Sunil Garodia The India Commentary view

The Faizabad Bar Association's decision to prohibit its members from defending the eight accused in the alleged embezzlement of Ram temple funds is more than an ill-advised resolution. By reportedly threatening a Rs 5 lakh fine against any lawyer who accepts their brief, the association has crossed into territory that the Supreme Court has repeatedly declared illegal.

The irony is striking. Those who are expected to uphold the law are attempting to prevent it from functioning.

Every accused person has a constitutional right to legal representation, irrespective of the allegations. Article 22(1) guarantees every arrested person the right to consult and be defended by a lawyer of his choice. Article 14 guarantees equality before the law. These protections cannot be suspended because a case has generated public anger or involves an emotionally charged issue.

The Supreme Court has made this position abundantly clear. In A.S. Mohammed Rafi v. State of Tamil Nadu (2011), it held that however unpopular or despised an accused may be, every person has the right to be defended. A lawyer who represents an accused is not endorsing the alleged offence but performing a professional duty essential to the administration of justice.

Earlier, in Ex-Capt. Harish Uppal v. Union of India (2003), the Court had already held that strikes and boycotts by lawyers are illegal except in the rarest of circumstances affecting the independence of the judiciary. High Courts have likewise declared resolutions preventing advocates from appearing for particular accused persons to be unenforceable.

Yet such incidents continue to recur. Lawyers refused to defend the accused in the 2012 Delhi gang rape case. Similar resolutions have surfaced in cases involving terrorism and other offences that provoked widespread outrage. Each time, the principle remains unchanged. The right to a fair trial depends upon the availability of competent legal representation.

The present controversy deserves particular attention because it concerns allegations linked to the Ram temple, an issue that evokes deep public emotions. That makes adherence to constitutional principles even more important. Courts exist to decide cases on evidence and law, not on sentiment. Lawyers have a special responsibility to preserve that distinction.

Bar associations are entitled to express views on issues affecting the legal profession. They are not entitled to decide who deserves legal representation or to intimidate advocates who accept unpopular briefs. Such resolutions undermine not only the independence of lawyers but also the constitutional rights of the accused.

The consequences extend beyond the present case. If bar associations can collectively deny representation to one set of accused persons today, the same principle can tomorrow be applied to those accused of terrorism, corruption, communal violence or politically sensitive offences. Constitutional rights cease to be rights if they become dependent on the popularity of the person asserting them.

The Supreme Court has already settled the law. The Constitution has guaranteed the right. It is now for the legal profession to decide whether it wishes to be remembered as the guardian of those principles or as an institution that chose public sentiment over constitutional duty.

 

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