The Supreme Court Today (May 6th) during a mentioning by the Supreme Court Bar Association-SCBA, has clarified that its previous order directing a minimum of 1/3rd of seats in the Executive Committee for women is on an “experimental basis”.
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NEW DELHI: The Supreme Court today during a discussion involving the SCBA-Supreme Court Bar Association, clarified that its earlier directive to reserve a minimum of one-third of seats in the Executive Committee for women is on an “experimental basis.”
The Bench, consisting of Justice Surya Kant and Justice KV Viswanathan, stated,
“On the oral mentioning by the office bearers of the Supreme Court Bar Association led by Senior Advocate Jayant Bhushan and Dr. Adish C. Aggarwala, President, and after hearing various other members of the SCBA, it is clarified that the order 02.05.2024 is on an experimental basis. The difficulties if any to be experienced by the members of the Bar Association giving effect to the reforms introduced by that order as a pilot project, will be placed on record and will be considered along with other reforms introduced by SCBA…The Elections will be held on 16.05.2024.”
Senior Advocate Jayant Bhushan and Dr. Adish C. Aggarwala presented the matter before the Bench. Jayant Bhushan stated,
“I must tell your Lordships… in the meeting, there were few dissents including myself, being one, about this resolution. But I asked them what are you really aggrieved by? Are you aggrieved by the reservation? They said no. That was the response of the other members in the Executive Committee and their concern was only as to whether the Court can dictate our Constitution and that was a concern of the large section of the Bar.”
Justice Surya Kant responded,
“You are the apex body. You are the first bar association in the Country. The entire nation looks towards you. You are the persons who have really been instrumental for decades in the enforcement of the fundamental rights of the people. You have been in the forefront in the adversities…now if you do not respect the constitutional provisions, who else will do? You are the only Bar with the name of Supreme Court.”
Justice Viswanathan suggested,
“Instead of reservation, in the event of counting returning not less than three members in the executive and two members in the senior executive, at that point, they will stop at 6 and go for a leading woman candidate in executive, and stop at 4 and go for a leading woman candidate in senior executive…you count…if all are men you stop at four and go for the woman who is leading.”
Justice Surya Kant further stated,
“You are the leaders of the Bar…you are the conscious keepers of the Bar…you will tell us the best methodology…our Bar Association should be a replica of Constitutionalism.”
The Supreme Court previously directed that a minimum of one-third of the seats in the Executive Committee and Senior Executive Members, and at least one of the posts of Office Bearer and Treasurer of Executive Committee, should be reserved for women members of the Bar in the upcoming SCBA Elections.
In response, on May 3, 2024, the SCBA convened an ‘Emergent General Meeting’ following the order reserving a minimum of one-third of the seats for women in the Executive Committee. The resolution passed by the SCBA stated,
“Hence, the committee is of the view that there was perhaps, no occasion for the Hon’ble Supreme Court to pass an order dated 02.05.2024, without considering the relevant provisions of the SCBA Rules. An even greater concern is that as a consequence of the order dated 02.05.2024, the independence of the Bar which is a critical pillar in the Justice Delivery System and a vital stakeholder in the Administration of Justice has also been impinged.”
The Court also noted that the Emergent Meeting stands canceled now, meaning the Emergent General Meeting scheduled for May 7, 2024, will not be held. The Court stated,
“Dr. Adish C. Aggarwala, President, SCBA, after consultation with other office bearers of the bar, states that the meeting of the General Body which is to be held tomorrow stands canceled.”
The Court added to the order that the SCBA Secretary should convene an Annual General Meeting on the date of election, May 16, 2024. The Court highlighted that SCBA is a premier institution and an integral part of the judicial forum, and as such, cannot remain static for decades. Timely reforms, the Court emphasized, are necessary.
Additionally, the Court directed that the elections of SCBA and the Executive Committee shall be held on May 16, 2024, and apart from those under the voters’ list for 2023, all members who became eligible between May 1, 2023, and February 29, 2024, would also be entitled to be included in the voters’ list.
According to the previous order, the Observer Committee formed by the Court submitted its report, and all eight resolutions presented before the SCBA Special General Body Meeting failed for want of a two-thirds majority of the members.
PREVIOUSLY IN APEX COURT
On 2nd May the Supreme Court of India directed that at least one-third of the posts in the executive committee (EC) of the Supreme Court Bar Association (SCBA) must be reserved for women. The court further specified that for this year, three executive members, two senior executive members, and the treasurer of the SCBA must be women.
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.
“We believe that despite any resolutions passed by the SCBA, certain positions on the Executive Committee should be reserved for female members of the bar,”
–the bench stated in its order.
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.
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.
The Court acknowledged that eight resolutions proposing reforms in candidate eligibility criteria, changes in membership admission fees and candidate deposit fees, and the revision of the four-term cap for holding an SCBA post were unsuccessful in the Special General Body meeting on April 30.
However, the Court stressed that the SCBA’s norms, eligibility criteria, and fees cannot remain unchanged for extended periods, necessitating timely reforms. Consequently, the Court directed the SCBA’s executive committee to solicit suggestions from all bar members, including through public notices on its website. All suggestions are to be submitted by July 19, 2024, in digital or print format. These suggestions will be compiled and presented to the Court.
Case Title:
Supreme Court Bar Association v. BD Kaushik | Diary No. 13992 of 2023
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