In a significant move towards electoral reforms within the Supreme Court Bar Association (SCBA), former Supreme Court judge Justice L. Nageswara Rao has agreed to lead a newly constituted committee. This development comes in the wake of the Supreme Court’s ongoing deliberations in the case of Supreme Court Bar Association v. B.D. Kaushik regarding much-needed amendments in the SCBA election process.

The committee's primary objective is to propose recommendations concerning the norms, guidelines, and parameters for amending the SCBA bye-laws, which govern the election of its Executive Committee. It will comprise senior advocates and experienced legal professionals who have never contested SCBA elections as office bearers. The Court has emphasized that the reforms will particularly address the eligibility conditions for candidates wishing to contest SCBA elections.

"The proposed reforms may inter alia include the eligibility conditions for contesting the elections," stated the Supreme Court in its order.

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Court's Order and Formation of the Committee

A bench comprising Justices Surya Kant and K.V. Viswanathan issued an order emphasizing the necessity of these reforms while considering an intervention application filed by Senior Advocate Vikas Singh. Among the suggested reforms, Singh proposed that candidates for the SCBA President's position should have at least 100 lead appearances in the Supreme Court.

Recognizing the importance of inclusivity, the Court has granted two weeks for SCBA members to submit their suggested names for committee membership to Justice Rao. However, the final decision regarding the selection of committee members rests entirely with Justice Rao.

"Hon’ble Mr. Justice L. Nageswara Rao is at liberty to constitute his own team, in case the members of the Bar do not provide any names," the Court stated.

Additionally, the Court clarified that Justice Rao has full discretion to seek suggestions from members of the Bar and other stakeholders, ensuring that diverse viewpoints are considered in shaping the reforms. The Court has urged that the recommendations be submitted as early as possible, with the matter scheduled for its next hearing on April 7, 2025.

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On February 17, 2025, the bench had remarked that a committee should be led by a former Supreme Court judge and include two senior advocates (one male and one female), two advocates-on-record (one male and one female), and one experienced advocate. The Court had initially shortlisted two former judges who had extensive experience in the Bar and would be requested to lead this initiative.

Now, with Justice Rao, who practiced before the Supreme Court from 1995 to 2016 before his elevation as a judge in May 2016, agreeing to chair the committee, the SCBA electoral reform process has gained momentum.

The SCBA plays a crucial role in representing the interests of legal professionals practicing before the Supreme Court. Therefore, ensuring transparency, fairness, and efficiency in its electoral process is paramount. The committee’s recommendations are expected to bring structural improvements, fostering a more inclusive and merit-based leadership framework within SCBA.

As the legal community awaits the proposed changes, these reforms signify a crucial step toward strengthening the governance and democratic functioning of the SCBA. The Court's proactive approach in appointing a credible and experienced leader like Justice Rao reflects a commitment to upholding integrity and professionalism within the Bar.

The next hearing on April 7, 2025, will provide further insights into the committee's progress and the nature of the proposed reforms.

Case Title: SUPREME COURT BAR ASSOCIATION v. B.D. KAUSHIK., Diary No. 13992-2023