oppn parties When Lawyers Defy the Constitution

News Snippets

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  • PM Modi extended Diwali greetings to Indian Overseas Congress chief Sam Pitroda after the latter spoke warmly about him in an interview
  • Priyanka Gandhi hits back at BJP over Sonia Gandhi's memoir. Visiting her Wayanad constituency, Priyanka accused the BJP and RSS of spreading falsehoods about her mother for years and defended Sonia's right to present her own account in Belonging: A Journey of Lov
  • BJP intensifies attack on Sonia Gandhi over 1984 riots and Emergency. BJP leaders accused the Congress Parliamentary Party chairperson of presenting a selective account of the past and softening the record of the Congress leadership. Sonia's memoir describes the 1984 violence as a shameful chapter, acknowledges delayed justice and discusses the Emergency, while defending aspects of her family's role
  • Navi Mumbai dethrones Indore from the top position in the cleanest city in India. Indore was at the top for the last 8 years. Surat and Vijaywada ranked second and third
  • Centre considers special sitting of Parliament to revive Women's Reservation Bill. The government is planning to bring the Constitutional Amendment Bill providing 33% reservation for women in the Lok Sabha and state Assemblies back before Parliament. The proposal is linked to delimitation and a possible increase in Lok Sabha strength from 543 to 850
  • AIMIM chief Asaduddin Owaisi and Azad Samaj Party (Kanshiram) leader Chandrashekhar Azad were reported to be preparing a joint political arrangement for the 2027 Assembly election. The proposed combination could seek to mobilise Dalit and Muslim voters, but its electoral significance will depend on the final seat-sharing arrangement and support on the ground
  • Ladakh administration imposes 60-day movement restrictions on Sonam Wangchuk. An order issued by the Leh administration on Wednesday restricted the climate activist's movement, citing concerns over public order and the ongoing electoral process
  • Abhishek Banerjee's Kalighat roadside shed demolished by civic authorities. Kolkata municipal workers removed a temporary bamboo structure and an iron gate outside the TMC general secretary's residence on Thursday, citing obstruction of pedestrian movement
  • Two missing Special Police Officers found shot dead in Kishtwar. The bodies of Babi Chand and Rashpal Kumar were recovered from a forest area in Jammu and Kashmir's Kishtwar district. Their service weapons and ammunition were missing. The killings came amid a renewed spate of attacks on security personnel, including the firing on a CRPF checkpoint in Kulgam that injured three personnel
  • October retail inflation rises to 6.09%, breaching RBI's upper tolerance limit. India's annual retail inflation increased from 5.54% in September to 6.09% in October, exceeding the Reserve Bank's upper tolerance limit of 6% for the first time in two years. Higher food prices, adverse base effects and rising energy and input costs contributed to the increase
  • The Sensex gained 31.61 points (0.04%) to close at 81,911.01, while the Nifty 50 advanced 44.30 points (0.18%) to 25,299.35 on Thursday
  • India Under-19 enter Asia Cup final after defeating Afghanistan by eight wickets. Captain Lakshya Rajesh Raichandani scored 93 as India chased down Afghanistan's target of 228, reaching 230 for two in 36.5 overs. India will face Pakistan in the final
  • Vivaan Kapoor wins shooting silver and secures India's Olympic quota. Kapoor finished second in the men's trap event at the ISSF World Championships in Doha, earning India a quota place for the Los Angeles 2028 Olympics
  • Lakshya Sen and Kidambi Srikanth reach Kumamoto Masters quarter-finals. Both Indian shuttlers advanced to the men's singles last eight at the Japan Super 500 tournament
October retail inflation rises to 6.09%, breaching RBI's upper tolerance limit. India's annual retail inflation increased from 5.54% in September to 6.09% in October, exceeding the Reserve Bank's upper tolerance limit of 6% for the first time in two years
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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.