Calcutta High Court Urges Lawyers: The Calcutta High Court recently voiced strong reservations against the long-standing practice of full-day cease-work by lawyers. Justice Tirthankar Ghosh emphasized that the legal community must adapt to modern demands, urging the Bar to adopt more pragmatic and less disruptive approaches to paying tribute or registering protest. His remarks came after the Calcutta High Court Bar Association passed a resolution to suspend court work for an entire day to mourn the passing of Jayanta Banerjee, former president of the Bar Association.
The observation has once again placed the spotlight on the delicate balance between respecting legal fraternity traditions and ensuring uninterrupted access to justice.
What Triggered the Debate
The Bar Association’s resolution meant that on a working Monday, lawyers across several courts abstained from appearing before judges. Justice Ghosh, while acknowledging the sentiment behind such actions, pointed out the practical difficulties:
- The High Court had only 14 working days left before the Durga Puja recess.
- Losing one full day compounded the already massive backlog of cases.
- Litigants waiting months, sometimes years, for hearings suffered the most.
Justice Ghosh proposed an alternative: instead of suspending the entire day, courts could function in the morning and observe a half-day closure in the afternoon as a mark of respect.
Calcutta High Court Urges Lawyers: Why the Concern Is Growing
Case Backlog at Calcutta High Court
The Calcutta High Court, like most courts in India, operates under heavy pendency. According to the National Judicial Data Grid (NJDG), the High Court has more than 2.5 lakh pending cases, with many stretching over a decade. Even a single day of closure further slows down this already burdened system.
You can explore updated pendency data here: National Judicial Data Grid.
“Justice Delayed Is Justice Denied”
The idea of timely justice is a cornerstone of democracy. Each day lost to cease-work directly impacts litigants, many of whom invest their life savings in legal battles. From bail applications to urgent injunctions, skipped hearings can cause irreparable harm.
History of Cease-Work in Calcutta High Court
Cease-work by lawyers is not new. Over the years, multiple instances have disrupted court functioning:
- 2017–18 Strike: A five-day lawyers’ strike demanding the appointment of more judges left thousands of cases unheard.
- 2002 Protest: A two-month strike over stamp duty hikes paralyzed the court.
- 2015 Heat Protest: Lawyers abstained for three days citing oppressive heat, sparking criticism from the then Governor.
These episodes illustrate how lawyer strikes, though often symbolic, can create disproportionate hardships for the public.
Judicial Pushback Against Strikes
Indian courts have consistently held that lawyers do not have a fundamental right to strike.
- In Ex-Capt. Harish Uppal vs. Union of India (2002), the Supreme Court ruled that lawyers have no right to go on strike or abstain from work, except in the rarest of circumstances.
- Recently, the Calcutta High Court clarified that participation in cease-work calls is not mandatory, and no lawyer should face disciplinary action for choosing to appear in court.
This judicial stance reinforces the principle that legal services are essential services.
Voices Within the Legal Fraternity
Not all lawyers support full-day cease-work. Senior advocates argue that:
- Mourning can be observed without halting justice. Silent prayers, condolence meetings, or a half-day pause can be equally respectful.
- Professional responsibility should come first. Lawyers, as officers of the court, owe a duty not only to their fraternity but also to the citizens they represent.
- Global practices differ. In countries like the UK or US, courts rarely shut down fully. Mourning is acknowledged through structured, short observances without disrupting schedules.
The Human Cost of Cease-Work
For litigants, especially those traveling from rural Bengal, a missed hearing can mean:
- Additional travel expenses.
- Loss of wages from missing workdays.
- Emotional strain of prolonged legal uncertainty.
This human dimension often gets overlooked in internal Bar deliberations.
The Way Forward
1. Half-Day Closures
Adopting Justice Ghosh’s suggestion of afternoon-only suspensions ensures respect and efficiency.
2. Structured Condolence Meetings
Instead of blanket strikes, Bar Associations could hold structured meetings before or after court hours.
3. Stronger Judicial Oversight
Courts may consider issuing guidelines on permissible limits of strike actions to prevent abuse of the system.
4. Technology as a Safety Net
Virtual hearings could serve as an alternative during cease-work days, ensuring urgent matters are still heard.
Why This Matters Now
With Durga Puja holidays approaching, every single working day carries added weight for the justice delivery system. A missed day is not just a symbolic gesture—it translates to hundreds of delayed cases, undermining faith in the judiciary.
The High Court’s call is a timely reminder that while traditions must be respected, the right of citizens to timely justice must come first.
Conclusion
The debate around full-day cease-work highlights a broader challenge facing India’s judiciary: balancing tradition with efficiency. Justice Ghosh’s intervention signals a necessary shift in mindset. As Bar Associations grow in size and influence, their decisions carry immense public consequences.
The Calcutta High Court’s message is clear: times have changed, and so must the way we honor those who built the legal community.
Useful External References
- National Judicial Data Grid – Pendency at Calcutta High Court
- Supreme Court Ruling: Harish Uppal vs. Union of India (2002)
- Bar Council of India Official Website
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