SCBA Cannot Remain Static, Timely Reforms Are Necessary: Apex Court While Directing 1/3rd Reservations For Women In Upcoming Elections
|The Supreme Court has 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.
The Court also said that SCBA is a premier institution and is an integral part of the judicial forum, therefore, it can not remain static for decades and timely reforms are necessary.
The Bench of Justice Surya Kant and Justice KV Viswanathan directed, “We, accordingly, direct that hitherto including for the ensuing election there shall be reservation for women members of the Bar to the following effect: (i) Minimum of 1/3rd seats in the Executive Committee i.e., 3 out of 9. (ii) Minimum 1/3rd out of the Senior Executive Members i.e., 2 out of 6. (iii) At least one post of the Office Bearer shall be reserved for women candidate exclusively by turn and on rotation basis. (iv) In the ensuing election for 2024-2025, the post of Treasurer of the Executive Committee is reserved for women.”
Senior Advocates Dr. Adish C. Aggarwala, Sukumar Pattjoshi and Arijit Prasad appeared for the SCBA.
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.
As per a previous order, the Observer Committee constituted 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.
The Court also observed, “In this regard, we have heard various senior members/members of the Bar. We are of the view that the SCBA is a premier institution and is an integral part of the highest judicial forum of the country. The norms, eligibility conditions, membership, membership fee structure etc., cannot remain static for decades and timely reforms to meet with the challenges that may confront the institution from time to time, are required to be carried out. However, such reforms need to be brought after due consideration of the suggestions from the members of the Bar. In fact some suggestions have been invited from the members of the Bar, including the office bearers of the Supreme Court Executive Committee vide our order dated 14.08.2023.”
The matter has been adjourned to July 15, 2024.
Cause Title: Supreme Court Bar Association v. B.D. Kaushik
Appearances:
Parties: Senior Advocates Dr. Adish C. Aggarwala, Sukumar Pattjoshi, Arijit Prasad, Dinesh Kumar Goswami, Narender Hooda, S. Wasim Ahmed Qadri, Pratap Venugopal, Vikas Singh, Priya Hingorani and others.