'Right To Defend Oneself A Fundamental Right' : Supreme Court Quashes Bar Association's Resolution To Not Represent A Party

Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case.

The aforesaid observation of the Supreme Court Bench comprising Justices Vikram Nath and Satish Chandra Sharma came while hearing the Writ Petition filed by the petitioner under Article 32 of the Constitution who appeared in person to defend himself before the court.

The writ petition was filed against the resolution passed by the Mysore Bar Association on March 16, 2019, which resolved that no member of the Association would file a 'vakalatnama' on behalf of the present petitioner.

Despite notice being served on the Mysore Bar Association (Respondent No. 3), no appearance was recorded on behalf of the Bar Association.

Therefore, after perusing the impugned Resolution, the court's definite view was that such a Resolution could not have been passed court, and the court decided to proceed ex-parte while quashing the resolution passed by the Bar Association of Mysore.

“In that view of the matter, we have proceeded ex-parte. Having. Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one's profession as a lawyer. As such, the said Resolution is hereby quashed.”

Accordingly, the court allowed the writ petition.

Case Title : RUPASHREE H. R. Versus THE STATE OF KARNATAKA & ORS. | WRIT PETITION (CIVIL ) NO. 538 of 2019

Citation : 2024 LiveLaw (SC) 126

Click here to read the order