Stay informed about the recent Supreme Court directive mandating a Special General Meeting of the Supreme Court Bar Association (SCBA) to discuss electoral reforms. Learn about the background, directives, committee formation, and implications. Contact us for legal consultation.
Supreme Court Orders Special General Body Meeting of SCBA to Discuss Electoral Reforms
Introduction
In a recent development dated March 04, the Supreme Court has issued a directive mandating the convening of a Special General Meeting of the Supreme Court Bar Association (SCBA) on or before April 16. The meeting is scheduled to take place at the Supreme Court Bar Library No.1. The directive stipulates that SCBA members eligible to vote as per the SCBA rules may participate in this meeting. The Bench of Justices Surya Kant and KV Viswanathan issued this directive while adjudicating an application submitted by a bar association member via Advocate-on-Record Pravir Choudhary. The application sought a relaxation of the norms for determining voter eligibility.
Background and Context
Last year in August, the Bench had instructed SCBA members, including its president and senior counsel Adhish C Aggarwala, to submit recommendations regarding further reforms in the association’s election process. Subsequently, in January, the apex Court urged the Association to address all pertinent issues in its General Body Meeting. The SCBA has maintained that individuals desiring amendments to the association’s election process must come forward with a requisition supported by a minimum of 150 members, following which the General Body will vote on the proposal.
Directives and Committee Formation
In light of the aforementioned context, the Court issued the directive and instructed the formation of a committee tasked with examining the representations and requisitions submitted by all members. The committee, comprising Senior Advocates Shekhar Naphade, V. Giri, and S.B. Upadhyay, is authorized to seek assistance from other SCBA members as deemed necessary. The Court emphasized that all valid representations and requisitions received by the Executive Committee of the SCBA should be presented in the Special General Meeting.
Observers’ Report and Next Hearing Date
Lastly, the Court requested observers to submit their report before the next hearing scheduled for April 19.
Supreme Court Bar Association (SCBA) Case Background
The 2011 Supreme Court ruling upheld an amendment, restricting members of other bar associations. This principle, known as ‘one bar one vote,’ was upheld based on the Court’s observation. It restricted members who exercised their voting rights elsewhere from contesting at the SCBA. Consequently, the Court aimed to ensure fairness and transparency in SCBA elections. However, some SCBA members were not regular practitioners at the apex court. Therefore, the directive aimed to address concerns and uphold electoral integrity in the SCBA.
Implementation and Disputes
An implementation committee, including senior advocates KK Venugopal, PP Rao, and Ranjit Kumar, established criteria. These parameters caused disagreements, leading to a second round of litigation seeking clarifications. After considering suggestions, the Court directed the implementation committee to modify parameters. Consequently, the committee prepared a voters’ list for the upcoming election accordingly. Moreover, the committee ensured transparency and fairness in the electoral process. However, challenges remained despite the committee’s efforts to address concerns.
Interlocutory Application Ahead of 2023 Elections
Advocate Surender Kumar Tyagi filed an application for SCBA election eligibility relaxation. However, Tyagi argued that non-functional machines and virtual proceedings hindered practitioners. Consequently, the Supreme Court aims to address concerns about electoral reforms. Moreover, the directive ensures a fair and transparent SCBA election process.
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Case Title
Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023
