On February 17, the Supreme Court orally stated that it would form a committee to suggest electoral reforms for the Supreme Court Bar Association (SCBA). The committee will be headed by a former judge of the Supreme Court and will include two senior advocates, one male and one female, as well as two advocates on record (one male and one female). Additionally, one experienced advocate will be a part of the committee.

This decision came during the hearing of an intervention application filed by Senior Advocate Vikas Singh, who proposed several reforms related to the elections in the SCBA. One of his key suggestions was regarding the qualifications of candidates running for the position of SCBA President. Singh recommended that only candidates with at least 100 lead appearances in the Supreme Court should be eligible to contest.

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Justice Surya Kant, while hearing the matter, proposed that the formation of a committee would be the best way forward. He expressed his belief that the committee could help draft rules and submit a report to the Court. Justice Kant remarked,

"We think of constituting a committee of three or four members who do not indulge in election politics. Like Mr. Sibal has to be excluded, Mr. Vikas Singh has to be excluded… We need some five names… We will think of some names…"

This suggestion was welcomed by Senior Advocate and President of the SCBA, Kapil Sibal, as well as Vikas Singh. Sibal suggested that a learned judge may also be involved in the process. Following further discussions, Justice Kant and Justice KV Viswanathan agreed on the inclusion of two former judges in the committee. Justice Kant confirmed,

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"We have shortlisted two former judges. We can request them and we will try to persuade at least one of them. Both have spent their entire life in the Bar. We can request them to accept this responsibility. We will ask them to have advocates of their choice..."

Justice Viswanathan added that the final decision on the other members of the committee should be left to the former judges, while the categories of the members would be specified.

However, no formal order was passed during the hearing. The matter will be revisited on March 3, when the Court will consider the names suggested by various counsels.

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