Bar Association Should Be Replica Of Constitutionalism: Supreme Court Clarifies That 1/3rd Reservation For Women In SCBA Executive Committee Is On ‘Experimental Basis’
The Supreme Court, during a mentioning by the Supreme Court Bar Association, has clarified that its previous order directing a minimum of 1/3rd of seats in the Executive Committee for women is on an "experimental basis".
The Bench of Justice Surya Kant and Justice KV Viswanathan directed, “On the oral mentioning by the office bearers of the Supreme Court Bar Association led by Senior Advocate Jayant Bhushan and Dr. Adish C. Aggarwala, President, and after hearing various other members of the SCBA, it is clarified that the order 02.05.2024 is on an experimental basis. The difficulties if any to be experienced by the members of the Bar Association giving effect to the reforms introduced by that order as a pilot project, will be placed on record and will be considered along with other reforms introduced by SCBA…The Elections will be held on 16.05.2024.”
Senior Advocate Jayant Bhushan and Dr. Adish C. Aggarwala mentioned the matter before the Bench.
Jayant Bhushan submitted, “I must tell your Lordships… in the meeting, there were few dissents including myself, being one, about this resolution. But I asked them what are you really aggrieved by? Are you aggrieved by the reservation? They said no. That was the response of the other members in the Executive Committee and their concern was only as to whether the Court can dictate our Constitution and that was a concern of the large section of the Bar.”
Justice Kant replied, “You are the apex body. You are the first bar association in the Country. The entire nation looks towards you. You are the persons who have really been instrumental for decades in the enforcement of the fundamental rights of the people. You have been in the forefront in the adversities…now if you do not respect the constitutional provisions, who else will do? You are the only Bar with the name of Supreme Court.”
Justice Viswanathan suggested, “Instead of reservation, in the event of counting returning not less than three members in the executive and two members in the senior executive, at that point, they will stop at 6 and go for a leading woman candidate in executive, and stop at 4 and go for a leading woman candidate in senior executive…you count…if all are men you stop at four and go for the woman who is leading.”
Justice Kant said, “You are the leaders of the Bar…you are the conscious keepers of the Bar…you will tell us the best methodology…our Bar Association should be a replica of Constitutionalism.”
The Supreme Court had directed that a minimum of 1/3rd seats in the Executive Committee and Senior Executive Members, and at least one of the posts of Office Bearer and Treasurer of Executive Committee, shall be reserved for women members of the Bar in the coming Supreme Court Bar Association (SCBA) Elections.
Pursuant to this, on May 3, 2024, SCBA had convened an 'Emergent General Meeting' given the order reserving a minimum of one-third of the seats for women in the Executive Committee. The resolution passed by the SCBA stated, “Hence, the committee is of the view that there was perhaps, no occasion for the Hon’ble Supreme Court to pass an order dated 02.05.2024, without considering the relevant provisions of the SCBA Rules. An even greater concern is that as a consequence of the order dated 02.05.2024, the independence of the Bar which is a critical pillar in the Justice Delivery System and a vital stakeholder in the Administration of Justice has also been impinged.”
The Court also recorded that the Emergent Meeting stands cancelled now. Therefore, the Emergent General Meeting which was scheduled to be held tomorrow i.e. May 7, 2024, will not be held now. The Court said, “Dr. Adish C. Aggarwala, President, SCBA, after consultation with other office bearers of the bar, states that the meeting of the General Body which is to be held tomorrow stands cancelled.”
The Court also added to the order that the SCBA Secretary should convene an Annual General Meeting on the date of election i.e. May 16, 2024.
The Court had also said that SCBA is a premier institution and is an integral part of the judicial forum, therefore, it cannot remain static for decades and timely reforms are necessary.
The Court also directed that the elections of SCBA and EC shall be held on May 16, 2024, and Apart from those under the voters’ list for 2023, all those members who have become eligible between May 1, 2023, to February 29, 2024, would also be entitled to be included in the voters list.
According to the previous order, the Observer Committee that was formed by the Court, submitted its report. Accordingly, all eight resolutions put up before the SCBA, Special General Body Meeting have failed for want of 2/3rd majority of the members.
Cause Title: Supreme Court Bar Association v. B.D. Kaushik (Diary No(s).13992/2023)