Why in news?

Recently, the Ayodhya (Faizabad) Bar Association announced that none of its lawyers would defend eight persons accused in an alleged embezzlement of Ram Temple donation funds. The association went further, saying it would impose a Rs 5 lakh fine on any lawyer who chose to represent the accused.

This is not an isolated event — bar associations across India have passed similar resolutions before, despite repeated Supreme Court rulings declaring such actions illegal and unconstitutional.

This makes it an important issue from both a constitutional and criminal justice standpoint.

What’s in Today’s Article?

• What Does the Constitution Say About an Accused's Right to Legal Defence?
• What Have Bar Council Rules Said?
• The Landmark Supreme Court Judgment: A.S. Mohammed Rafi v. State of Tamil Nadu (2010)
• Fair Trial as a Core Constitutional Value
• Conclusion

What Does the Constitution Say About an Accused's Right to Legal Defence?

• India's Constitution provides strong protection for an accused person's right to be defended:
  • Article 22(1) guarantees every arrested person the fundamental right to consult and be defended by a legal practitioner of their choice.
  • Article 14 ensures equality before law and equal protection of laws for everyone in India.
  • Article 21 — the Supreme Court has recognised the right to a fair trial as part of the right to life and personal liberty.
  • Article 39A, a Directive Principle of State Policy, requires the state to ensure justice is not denied to any citizen due to economic or other disabilities. This is the constitutional basis for free legal aid.
• Together, these provisions form the foundation of an accused person's right to legal representation — regardless of the nature or gravity of the alleged crime.

What Have Bar Council Rules Said?

• The Bar Council of India's "Standards of Professional Conduct and Etiquette" state that an advocate is bound to accept any brief in courts or tribunals, at a fee suited to their standing and the nature of the case.
• The rules do allow refusal in "special circumstances" — but courts have clarified what this actually means.
• In Kuldeep Agarwal v. State of Uttarakhand (2019), the Uttarakhand High Court held that "special circumstances" apply only to an individual advocate deciding not to take up a case personally.
• It does not give a Bar Association the power to collectively ban all its members from representing a particular accused.

The Landmark Supreme Court Judgment: A.S. Mohammed Rafi v. State of Tamil Nadu (2010)

• This is the most significant precedent on this issue. The case arose from a 2006 confrontation between a lawyer and police personnel in Coimbatore.
• Following this, a local bar association passed a resolution that none of its members would represent the accused police personnel.
• The Madras High Court called this "unprofessional," and the matter reached the Supreme Court.
• The apex court delivered a strongly worded verdict: Such resolutions are "wholly illegal, against all traditions of the bar and against professional ethics."
• The judgment cited historical precedents to reinforce this principle — including how Indian revolutionaries against British rule, the alleged assailants of Mahatma Gandhi and Indira Gandhi, and even Nazi war criminals at the Nuremberg trials were provided legal defence.

Fair Trial as a Core Constitutional Value

• In J. Jayalalithaa v. State of Karnataka (2014), the Supreme Court reiterated that a fair trial is the central objective of criminal procedure.
• It held that fair trial protects the interests of the accused, the victim, and society together, and must be conducted in the spirit of the right to life and personal liberty.
• Other Notable Cases
  • Bar associations have passed such resolutions multiple times in high-profile cases:
  • Ajmal Kasab (2008 Mumbai attacks): A legal aid lawyer initially refused to represent him; another lawyer who agreed faced political threats before one was eventually appointed with police protection.
  • December 16, 2012 Delhi gangrape case: Saket court lawyers passed a similar resolution.
  • 2019 Hyderabad veterinary doctor rape-murder case: The bar association refused representation to the accused, who were later killed in an alleged police encounter.
  • 2017 Gurugram (Pradyuman Thakur murder case): The Gurgaon Bar Association tried to bar representation for an accused school official; the Supreme Court intervened, stating "for the rule of law to be upheld, it is essential that the right to counsel is zealously protected."

Why This Matters?

• The Bar is not a trade union; it is an institution of constitutional significance.
• Courts have consistently held that such resolutions violate the rights of both the accused and the victims of crime, since they compromise the fairness of the trial process itself.
• The right to legal representation is treated as a core, non-negotiable feature of a fair trial — one that cannot be denied based on the nature of the allegation, however serious or unpopular it may be.

Conclusion

Despite a clear and consistent line of Supreme Court and High Court judgments declaring such bar association resolutions illegal, unconstitutional, and unethical, they continue to recur across India — as seen once again in the Ayodhya Ram Temple funds case.

This reflects a persistent tension between institutional professional conduct and the constitutional guarantee of a fair trial, reaffirming that the right to counsel must remain inviolable regardless of public sentiment or the nature of the accusation.

About Ulhas River:

• It is a prominent west-flowing river located entirely within Maharashtra.
• Course: Originating from the Sahyadri hill ranges in the Raigad district, the river travels westward and eventually drains into the Arabian Sea near Vasai Creek, north of Mumbai.
• The river basin is bounded by the main Sahyadri hill range on the east, its offshoots to the north and south, and opens narrowly to the Arabian Sea in the west.
• It passes through cities such as Kalyan, Thane, and Navi Mumbai.
• Along its route, the Ulhas River forms several distributaries and creeks, which are vital for irrigation, drinking water supply, and local ecosystems.
• Important Tributaries: Pej, Barvi, Bhivapuri, Murbari, Kalu, Shari, Bhatsa, Salpe, Poshir, and Shilar.
• Major Dams: Barvi Dam and Bhatsa Dam.
• The estuary of Ulhas houses several historical ports of Kalyan, Kopri, and Shurparaka.

About National Highways Logistics Management Limited (NHLML):

• NHLML, (formerly known as Cochin Port Road Company Limited), is a 100% owned company of the National Highways Authority of India (NHAI) formed under the guidance of the Ministry of Road Transport and Highways (MoRTH).
• NHLML is responsible for spearheading pivotal initiatives aimed at improving transport logistics, infrastructure, and asset monetization.
• It is at the forefront of transformative projects across the country in various domains. These include
  • The development of Multimodal Logistics Parks (MMLPs)
  • Construction of ropeways
  • Deployment of Optical Fibre Cable networks
  • Establishment of Wayside Amenities
  • Facilitation of port connectivity roads
  • Creation of warehousing zones
  • Enhancement of passenger transport terminal infrastructure
  • Deployment of solarization on highways
  • Development of other allied infrastructure facilities.

About Chief Labour Commissioner (Central):

• The organization of the Chief Labour Commissioner (Central), also known as the Central Industrial Relations Machinery, is an apex organization in the country responsible for maintaining harmonious industrial relations mainly in the sphere of central Government.
• It is under the aegis of the Ministry of Labour & Employment, Government of India.
• Headquarters: New Delhi
• Formation:
  • In pursuance of the recommendation of the Royal Commission on Labour in India, the organization was set up in April 1945 by combining the former organizations of the conciliation Officer (Railways), Supervisor of Railway Labour and the Labour Welfare Advisor.
  • It was then charged mainly with duties of prevention and settlement of industrial disputes, enforcement of labour laws, and to promote welfare of workers in the industrial establishments falling within the sphere of the Central Government.
  • It started with a small complement of staff comprising a Chief Labour Commissioner (C) at New Delhi, 3 Regional Labour Commissioners at Bombay, Kolkata & Lahore, 8 Conciliation Officers, and 18 Labour Inspectors.
  • The Conciliation Officers and Labour Inspectors were redesignated as Assistant Labour Commissioner (C) and Labour Enforcement Officer (C).
  • The organization was further augmented gradually by establishing regional offices at various places across India.
• The Organisation of Chief Labour Commissioner (Central) is entrusted with the following functions.
  • Prevention and settlement of industrial disputes through conciliation/mediation.
  • Enforcement of labour laws and rules made there under the Central Sphere.
  • Quasi-Judicial functions
  • Verification of trade union membership
  • Miscellaneous functions.

About Indiahandmade:

• It is a government-backed dedicated digital marketplace that brings India’s handloom and handicraft traditions into the online economy.
• Developed by the Digital India Corporation for the Ministry of Textiles and launched in 2023, it showcases some of the world’s oldest and most traditional crafts of India.
• The main motive behind this online eCommerce portal is to provide a platform for Indian handloom weavers and handicraft artisans to sell their traditional products online, paving the way for their financial and social empowerment.
• Salient Features:
  • The platform enables artisans and weavers to sell their products directly to consumers, reducing dependence on intermediaries and improving opportunities for fair compensation.
  • It also equips sellers with digital tools and greater online visibility, allowing them to participate more effectively in e-commerce.
  • The marketplace showcases an extensive range of handmade products spanning apparel, home décor, furnishings, paintings, furniture, religious items, stationery, musical instruments, jewellery, bags, and footwear.
  • Alongside everyday handmade products, the platform gives prominence to region-specific crafts through dedicated sections for GI-tagged and ODOP products.
  • Buyers benefit from free shipping, secure payment systems, purchase protection, and buyer support mechanisms.
  • For artisans and weavers, the platform offers a guided onboarding process to simplify participation in digital commerce.
  • In a move aimed at making online selling more inclusive, artisans who do not have GST registration can register using an Enrolment ID, although they are permitted to sell only within their own state.
  • This provision enables smaller artisans and first-time digital sellers to access online markets with fewer barriers.
  • The platform also highlights the stories of artisan enterprises that continue to preserve India’s traditional crafts through digital commerce.

About Mahabodhi Temple:

• It is an ancient Buddhist temple located in Bodh Gaya, Bihar, on the banks of the Niranjana River.
• It is one of the four most sacred sites of Buddhism, marking the location where Buddha attained Enlightenment (Bodhi), along with:
  • Lumbini (Buddha’s birthplace)
  • Sarnath (Buddha’s first sermon)
  • Kushinagar (Buddha’s parinirvana)
• The original temple was constructed by the Mauryan emperor Ashoka in the 3rd century BC.
• The present structure is estimated to have been erected between 5th and 6th century AD during the Gupta Period.
• The temple was heavily restored in the 19th century by Myanmar (Burmese) Buddhists and then by the British archaeologist Sir Alexander Cunningham.
• It was recognized as a UNESCO World Heritage site in 2002.
• Architecture:
  • It is constructed of brick and is one of the oldest brick structures to have survived in India.
  • Its pyramidal shikhara (tower) comprises several layers of niches, arch motifs, and fine engravings.
  • Four additional towers, each identical to the main tower but smaller in size, adorn the corners of the two-story structure.
  • A shrine inside the temple holds a yellow sandstone statue of the Buddha encased in glass.
  • In 2013, the upper portion of the temple was covered with gold, as a gift from the King and devotees of Thailand.
  • A descendant of the Bodhi tree under which the Buddha is said to have sat until he attained enlightenment stands adjacent to the temple.
  • Vajrasana (Diamond Throne): A stone slab marking the exact spot where Buddha meditated and attained enlightenment, originally installed by Emperor Asoka.
  • Stone railings surround the temple as well as the Bodhi tree.
  • One of the most famous of Ashoka’s many pillars (on which he had engraved his proclamations and his understanding of religious doctrine) stands at the southeast corner of the temple.

About Nigeria:

• Location: It is a country located on the western coast of Africa. It is often called the “Giant of Africa.” 
• Boundaries: It is bordered to the north by Niger, to the east by Chad and Cameroon, and to the west by It also has a coastline on the Gulf of Guinea.
• Capital:
• Geographical Features of Nigeria:
• Climate: Nigeria has a diverse geography, with climates ranging from arid to humid equatorial.
• Drainage: The major drainage areas in Nigeria are the Niger-Benue basin, the Lake Chad basin, and the Gulf of Guinea basin.
• River: The Niger River, for which the country is named, and the Benue, its largest tributary, are the principal rivers.
• Major Mountain Range: Cameroonian Highlands
• Natural Resources: It has abundant natural resources, notably large deposits of petroleum and natural gas.

About Global Passport Index:

• It ranks passports not only on the ease of international travel but also on the benefits they offer for living, working and investing in other countries.
• It is a comprehensive passport ranking that goes beyond measuring the number of countries passport holders can travel to without a visa. 
• Published by: It is published by residency and citizenship advisory firm Global Citizen Solutions (GCS).
• It measures passports across three key categories: Enhanced Mobility (50 per cent), Investment (25 per cent) and Quality of Living (25 per cent). These are based on 14 separate indicators.
• It draws on quantitative data from various international institutions and multilateral organisations such as the World Bank, the World Economic Forum and the Sustainable Development Report
• Key Highlights of Global Passport Index 2026:
  • The strongest passports of this year's index are: Sweden, Switzerland, Finland, Germany, Denmark (joint) and Netherlands (joint).

About Changpa Community:

• The Changpas are a semi-nomadic people found mainly in the Changthang region of the Trans-Himalayas of the Indian subcontinent.
• They are nomads who have been shepherding their world-class pashmina goats (or cashmere goats) for centuries.
• Society of Changpa Community:
  • The Changpa nomads are
  • They were granted official status in India as a scheduled tribe.
  • They can be identified by their conical yak-skin tents called reboo.
  • Each reboo invariably accommodates the family deity, and a picture of their spiritual head, in most cases, the Dalai Lama.
• The Changpa who live nomadic lives are known as Phalpa and those who have settled down in fixed locations are called Fangpa.
• Festival: One of the main purifying rituals of the Changpas is known as Jyabten where they make different kinds of food as an offering to Lord Padmasambhav. Another festival is Tangpe Chona (15th day of the first month of the lunar calendar).

About Eurasian Lynx

• The Eurasian lynx (Lynx lynx) is a medium-sized wild cat.

• Distribution: It lives in a wide range from Western Europe to Russia and Central Asia.
• Habitat:
  • They live in temperate broadleaf boreal or mixed forests with lots of undergrowth for cover.
  • These animals also inhabit the Himalayas' northern slopes, the alpine tundra, mountains in the central Asian desert area, and all of the Tibetan Plateau.
  • They can live in rocky areas, brushy spaces, and open forests.
• Characteristics:
  • Behaviour: The Eurasian Lynx is an elusive, solitary and territorial animal
  • Typically crepuscular or nocturnal, Eurasian lynxes are mainly active at dawn and dusk
  • They are good climbers and sometimes lie in trees and high rocks.
  • Diet: They are strictly carnivorous.
• Threats: Habitat loss as a result of deforestation, loss of prey due to illegal hunting, and game hunting
• Conservation Status:
  • IUCN: Least Concern.