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[SCBA Elections 2024] If you divide the Bar based on political leanings, you are not fulfilling your duty as a lawyer: Kapil Sibal

KS: You are asking a very important question. When you are practicing, the only ideas you should espouse are those embedded in our Constitution. Why are we lawyers? Governments come and go, and for every government decision, it can be challenged only when it exceeds the parameters of the law.

Lawyers are meant to uphold the rule of law. The purpose of the lawyer is to protect the Constitution. All governments are in fact prone to making decisions that are in excess of their capacity, which is when the laws are challenged and lawyers are meant to stand up then.

So if you divide the Bar based on political leanings, actually you are not fulfilling your duty as a lawyer. You may have a personal political philosophy, but that has nothing to do with your duty as a lawyer. I used to be with a political party, but we never espoused its cause in court.

When we are challenging legislation based on the Constitution, these are the challenges in court that have nothing to do with ideology. The Bar must not associate the lawyer with one party because he is appearing for somebody; he is only taking their brief. For example, I would love to appear for those who do not have access to courts. I have done that, because money is irrelevant when people do not have the wherewithal and that has nothing to do with politics. So, if I represent a minority institution, I am doing it as a matter of law.

Source: Barandbench

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