The Supreme Court has permitted the Supreme Court Bar Association (SCBA) to hold its November 2 general body meeting on election reforms but directed that the voting results must not be declared. The outcome must instead be submitted to the Court in a sealed envelope.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the directions ahead of the November 5 hearing in Supreme Court Bar Association v. BD Kaushik.
Background
The proposed meeting concerns two resolutions linked to the Court's May 29 order revising eligibility criteria for SCBA elections. The issues include the use of proximity card entry records and voting rights for veteran Bar members who have held SCBA membership for more than 25 years, subject to specified conditions.
Senior Advocate Jaideep Gupta raised concerns that the resolutions could become binding immediately if passed, despite the matter being scheduled for hearing shortly afterwards.
Gupta clarified that he was not opposing the resolutions but questioned the timing of the meeting and the absence of prior consultation.
SCBA President and Senior Advocate Pradeep Rai submitted that the association wanted to consult its members before presenting its views to the Court.
Chief Justice Surya Kant explained the objective behind the proposed reforms, observing,
"The idea is not to take away rights. Rather, the idea is to strengthen the hands of the Bar."
The Chief Justice further emphasised the importance of genuine practitioners, stating,
"Those who are genuinely regular visitors to the Supreme Court, having an interest in the Bar, the institution and the system, we want to strengthen their hands."
The Bench allowed the general body meeting to proceed but restrained the association from declaring the voting outcome.
"Now that you have called the meeting, you may go ahead, but do not declare the outcome. Keep it in a sealed envelope and produce it before the Court," Chief Justice Surya Kant directed.
The Court also asked the lawyers concerned to remain present on November 5 and assist it in the ongoing proceedings.
