Westernization Is Dangerous For Indian Society, SC Cannot Make Laws: New SCBA President Supports Centre's Stand On Same-Sex Marriage
|In an exclusive interview with Verdictum, Senior Advocate Adish C Aggarwala, the new President of the Supreme Court Bar Association (SCBA) differed with the decision of the previous committee to condemn the BCI's statement opposing the hearing of same-sex marriage by the Supreme Court.
In the first interview after his election as the SCBA President, Dr. Aggarwala told Ananya Singh that though he always supports the judiciary, he differs on this issue.
On the issue of same-sex marriage, he said that we are not America or Europe and we have an ancient system in place in society and that such westernisation is dangerous for our society. He also said that the judiciary can only strike down laws and cannot make them, adding that he is in agreement with the government on the issue.
The BCI had said that the issue of same-sex marriage has long-term societal ramifications and had urged the Apex Court to leave the issue for legislative consideration. Following that, the Coordination Committee of All District Bar Associations of Delhi had also urged the Apex Court to leave the issue to the legislature, saying that such an issue cannot be adjudged by judicial interpretations.
He said that he has won the SCBA election with a record margin against a former Solicitor General of the NDA government (Senior Advocate Ranjit Kumar) and a former Additional Solicitor General of the UPA Government (Senior Advocate Rakesh Kumar Khanna). He said that he won because ordinary lawyers decided to elect him.
During the election held last month, Dr. Aggarwala got 668 votes while Senior Advocate Dushyant Dave came second with only 477 votes and Senior Advocate Rakesh Kumar Khanna came third with 426 votes.
During the interview, the Senior Advocate said that the manner in which the previous President of the SCBA, Senior Advocate Vikas Singh, dealt with the issue of allotment of land for construction of chambers for lawyers was not appropriate. He said that the writ petition by the SCBA for allotment of the land, which was dismissed by the Apex Court, should not have been filed. He said that the issue should have been dealt with at a personal level rather than filing a writ petition.
Dr. Aggarwala also reacted to the exchange of words between Vikas Singh and CJI DY Chandrachud about the allotment of land for the chamber complex, and the CJI's remark asking the then SCBA President to leave the Courtroom. Dr. Aggarwala said that it was a sad moment for lawyers. But, he added that the CJI had no other alternative. He said that nothing can be achieved through threats and fights.
The new SCBA President has also spoken about the demand of SCBA to elevate its members as judges of High Courts.
In the interview, Senior Advocate Adish Aggarwala has spoken about his priorities as the SCBA President and what he intents to achieve during his terms as the President.
Dr. Aggarwala is also a distinguished author having written the book titled “Constitution of India” and also co-authored a book with Sarah J Marchington titled “Narendra Modi: A Charismatic and Visionary Statesman”. In addition to being the President of the SCBA, Dr. Aggarwala holds the position of the President of the International Council of Jurists, Chairman of India Legal Information Institute along with several other significant positions.
The interview is embedded above and can also be viewed by clicking here.
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