The Lawyers Committee questioned about the recent Supreme Court order mandating one-third of posts in the Supreme Court Bar Association (SCBA) elections to be reserved for women candidates.
New Delhi: On May 3: The executive committee of the Supreme Court Bar Association (SCBA) expressed concerns regarding a recent order by the apex court, issued on May 2, which provided directions for the conduct of SCBA elections. The committee members raised objections, stating that the order was passed without considering relevant provisions of the SCBA rules.
The executive committee of the SCBA held a meeting on Friday to discuss the Supreme Court’s order issued on May 2. The committee members raised questions over the order, claiming that the court did not take into account the applicable provisions of the SCBA rules. They argued that such an order was unnecessary and criticized its potential impact on the independence of the Bar, a crucial pillar in the judicial delivery system and a vital stakeholder in the administration of justice.
In response to the court’s order, the SCBA has called for an EBM in accordance with Rule 22. The purpose of the meeting is to address the nationwide consequences of the court’s suo moto amendment of the bar rules and interference in the functioning of bar associations. The SCBA intends to discuss these issues and assert the role of the judiciary in matters concerning the bar.
The court’s May 2 order directed the SCBA to conduct its elections on May 16, 2024, with a minimum of one-third of the posts reserved for women candidates. It further clarified that a 30 percent reservation for women should be ensured in the upcoming elections for 2024–25. Additionally, the court mandated that certain positions in the executive committee be permanently reserved for female candidates.
It stipulated that one post of the office-bearers of SCBA should be exclusively reserved for women on a rotational basis, starting with the post of Treasurer in the 2024-25 elections. Furthermore, the court directed that a portion of the junior and senior executive committees of the SCHA should be reserved for women candidates.
The court’s order also emphasized that its directives would supersede any previous resolutions passed by the SCRA (Supreme Court Resolutions Association). The SCBA, in a circular signed by its secretary Rohit Pandey, announced that the EGM would take place on Tuesday, May 7. It is noteworthy that the term of the current SCBA committee, led by President Dr. Adish C Aggarwala, is set to expire on May 18.
The order was issued by a Bench comprising Justices Surya Kant and KV Viswanathan, emphasizing the importance of women’s participation in the decision-making bodies of the SCBA. However, it should be noted that the post of SCBA president is not included in the reserved positions. The directive builds upon a similar matter that had previously come before the Delhi High Court.
Earlier this year, SCBA President Adish Aggarwala assured the Delhi High Court that a general body meeting would be convened within two months to discuss amending the SCBA rules and reserving at least two positions in the executive committee for women lawyers. This assurance was in response to a plea filed by advocate Yogamaya MG, who sought directions for the SCBA to address the issue of gender representation.
Yogamaya’s plea emphasized the significance of amending the SCBA Rules to ensure inclusivity and diversity within the association. It highlighted that the absence of adequate representation of women lawyers could hinder the effective addressing of issues related to sexual harassment. By providing women with a greater voice and influence within the SCBA, the legal profession can promote a more equitable and inclusive environment.
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To implement the directive, the SCBA president acknowledged the need for a general body meeting, considering that notices must be sent to the approximately 20,000 SCBA members. The successful implementation of this gender reservation policy requires the active participation and support of the legal community, as well as a commitment to fostering an atmosphere of gender equality.
Elections are scheduled for May 16th. The Court has instructed that the elections for the 2024-25 term will take place on May 16, 2024. Vote counting will start on May 18, 2024, with results announced on May 19, 2024. The current committee’s term ends on May 18, 2024.
The election committee will consist of Senior Advocates Jaideep Gupta, Rana Mukherjee, and Meenakshi Arora.
