Can Lawyers Be Apolitical? Examining the Feasibility and Implications of Political Neutrality in Indian Legal Practice

HUMA SAYED, ILS LAW COLLEGE, PUNE.

Introduction:

Over the years, the legal profession in India earned a reputation for neutrality. Lawyers represent their clients impartially and in accordance with the procedure established by the law. Advocates dispassionately advocate for their clients based on the procedure established by law, not personal beliefs. However, the argument of lawyers’ political activism has resurfaced in light of recent political developments.

While some see activism as beneficial because it spurs development, others are concerned that it could raise concerns about the impartiality of our legal system. The article explores the ethical issues, professional obligations, and practical difficulties related to upholding political neutrality in legal practice as it looks at the intricate link between Indian lawyers and politics.

Relation between Law and Politics:

Extensive research has been conducted on the convergence between law and politics in India.

An innovative method for examining law, legal regulations, and legal meaning is examined in the University of Chicago Introduction: Law and Political Culture (1988) article: the interpretation of political culture. Traditional methods concentrate on societal factors and known reasons. Beyond that, this new approach investigates cultural factors that influence the legal framework.

The three key elements of this approach are studied in this article:

1. Analysing a wider variety of sources for understanding legal events. This covers popular literature, artwork, cultural institutions, and metaphors.
2. Scholars recognize the symbolic nature of political language and the limitations of their perspectives, and they reformulate their own categories for characterising legal occurrences.
3. Recognizing that political institutions and action are fundamentally shaped by thought. This means that understanding a country’s political action as a whole requires taking into account its citizens’ perspectives.

Similar articles explore the relationship between law and politics to comprehend the function of lawyers in the political arena.

“The Discourse of Rights and the Politics of Litigation in India” by Amita Dhanda, published in 2002, explores how public interest litigation helps lawyers further social justice projects. 

In “Lawyers and Politics: Lives of Passion and Purpose” by Susan Bryant, published in 2015, the author explores the reasons for and experiences of practising lawyers who are politically active and classifies judicial activism as one of the most important parts of the job profile of a lawyer. 

Analysis of Apolitical Lawyers-  Ethics or Opinions

The cornerstone of legal ethics for lawyers in India is the Bar Council of India (BCI) Rules or the applicable state bar council rules. The BCI Rules on Professional Conduct and Etiquette for Advocates, 2015, outline ethical guidelines for lawyers, including maintaining client confidentiality, avoiding conflicts of interest, and upholding the dignity of the legal profession. These regulations emphasize the significance of maintaining objectivity and avoiding circumstances in which one’s political convictions can jeopardise one’s professional obligations.

The parameters of lawyers’ political speech have also been discussed in significant Supreme Court of India cases.

The 1994 case,  T.N. Rangarajan v Government of T N and others, established that lawyers have the right to free speech and expression, but this right needs to be balanced with their professional obligations and the need to maintain public confidence in the judiciary.

Ethical Considerations

1. Impartiality and Competence: Regardless of their political views, advocates have an ethical duty to represent their clients impartially and knowledgeable political views, and advocates have an ethical duty to represent their clients in an impartial and knowledgeable manner. With this perspective, all clients are guaranteed fervent representation grounded in the Indian Constitution, statutes, and legal precedents, rather than the political ideology of the lawyer.

To ensure that their personal convictions do not interfere with their professional obligations, defence lawyers, for instance, have to present the same tenacious defense for a client who holds different political views.

1. Conflict of Interest: Lawyers should cautiously steer clear of circumstances in which their political opinions could put them in jeopardy. If the lawyer is an avid environmentalist, this could come up while they are defending a company that has been charged with environmental infractions. In these situations, the attorney must either refuse to represent the client or take action to lessen the conflict, such as assigning the case to a colleague who does not share the client’s political views.
2. Confidentiality: Attorneys must protect their clients’ privacy. This confidence should never be compromised by political activism. Attorneys need to be aware of the potential for their associations or public statements to unintentionally reveal private client information. Lawyers in India have been disciplined in the past for violating confidentiality because of their political involvement.

Professional Responsibilities

1. Upholding the rule of law: lawyers play an important role in maintaining the rule of law and impartial administration of justice in India. Lawyers’ perception of political bias can undermine public confidence in the justice system and its ability to achieve just outcomes. When lawyers are seen to put their political goals ahead of upholding the law, the legitimacy of the entire legal system suffers.
2. Fair and impartial legal advice: Lawyers are expected to give legal advice based solely on the law and the facts of the case, without personal political bias. This requires lawyers to critically analyse their biases and implement strategies to ensure that their advice remains unbiased. For example, a blind review process in which a colleague who is unaware of the client’s identity or the lawyer’s political leanings reviews legal advice can help minimise the influence of personal beliefs.
3. Integrity of the Judiciary: The integrity and credibility of the Indian judiciary depend largely on the perceived impartiality of its actors. Lawyers who actively participate in partisan politics threaten to undermine public confidence in the fairness of the legal system. This can have a ripple effect, discouraging individuals from seeking legal representation and preventing access to justice for all.

Impact of Political Beliefs- Case Studies

1. Maneka Gandhi Vs. Union of India (1978): This landmark case upheld the right to life and personal liberty under Article 21 of the Constitution of India. The case highlights that public interest litigation, led by lawyers who strongly believe in social justice, can affect legal and social change in India.
2. T.N. The Rangarajan case, often referred to as the “Freedom of Speech Case”, involved the Madras Bar Association questioning certain provisions of the Tamil Nadu Legislative Assembly Rules that prevented legislators from making speeches in the Assembly that could cause “disruption”.

While it is important to note that lawyers, as law officers, are expected to uphold the rule of law and the Constitution impartially, this does not necessarily mean that they are apolitical in the sense that they have no political conviction or involvement. 

Many lawyers defend legal principles impartially, but their personal beliefs and advocacy may align with specific political or social justice causes. 

The Challenges of Being Apolitical

1. Innate Bias: Everyone has unconscious biases that can influence their perspective and decision-making, including lawyers. These biases can stem from factors such as education, social environment and personal experiences. For example, a lawyer raised in a community that values ​​tradition may subconsciously favor arguments consistent with conservative values, even if they are not directly relevant to the issue at hand.
2. Mitigation Strategies: Implicit Bias Training has become a valuable tool for Indian lawyers to identify and minimize unconscious biases. These training programs educate lawyers about how implicit bias can manifest in legal decision-making and equip them with strategies to mitigate its effects. Research has shown that implicit bias training can be effective in reducing biases in legal decision-making, although further research is needed to determine the long-term impact of such programs in the Indian context.
3. Social and systemic pressure: Social pressures and systemic factors can make it difficult for lawyers to remain apolitical, especially in certain areas of law. Lawyers working in environmental law often find themselves advocating policies that align with progressive political goals. Balancing their passion for environmental protection with the need to maintain a neutral stance while representing clients in court can be a difficult challenge. Similarly, human rights lawyers may experience pressure to align their legal strategies with broader social justice movements in India.
4. The Role of the Lawyer: The role of a lawyer as an activist often involves taking positions on political issues. This is especially true for social justice, human rights, and public policy. For example, a lawyer representing a group of farmers challenging the legality of a new farm bill might argue about constitutional rights and principles of economic justice.
5. Balance of the law: Lawyers must strike a delicate balance between zealously defending the client’s cause and maintaining impartiality in the application of the law. One strategy lawyers can use is to focus on the legal merits of their client’s case and avoid adding personal political opinions to their arguments. By following the Constitution of India, related statutes and established legal precedents, lawyers can ensure that their legal defense is based on legal principles while effectively representing the interests of their clients.

Conclusion

Lawyers in India face significant challenges in maintaining political neutrality due to inherent biases, societal pressures, and the nature of legal advocacy. While complete neutrality may be unattainable, lawyers can adopt strategies to mitigate bias and maintain professional integrity. This includes adhering to the BCI Rules and relevant state bar council rules, employing techniques to ensure neutral legal advice, and constantly striving for impartiality in their representation of clients. 

Ultimately, fostering a culture of self-awareness and ethical practice within the Indian legal profession is crucial for upholding public trust and ensuring the fair and impartial application of the law.

Recommendations

Based on the analysis presented, this section can offer practical recommendations for legal professionals in India on managing personal beliefs while upholding their ethical and professional duties. These recommendations may include: Actively seeking out implicit bias training and regularly reflecting on potential personal biases.

1. Implementing strategies for blind review of legal advice to minimize the influence of personal beliefs.
2. Prioritizing client confidentiality and avoiding political activities that could compromise client trust.
3. Engaging in pro bono work or public interest litigation within the bounds of the BCI Rules and relevant state bar council rules.
4. Familiarizing themselves with pronouncements by the BCI and Supreme Court of India on lawyers’ political activism.

By following these recommendations and fostering a culture of self-awareness and ethical practice, lawyers in India can navigate the complex relationship between politics and legal practice while upholding the integrity of the legal system and ensuring access to justice for all.