A bench of Justices Surya Kant and Ujjal Bhuyan made this observation while dismissing a PIL filed by advocate Jaya Sukin. The petition sought directions for the Centre and the Bar Council of India to ensure that individuals contesting elections for bar bodies were not active members of political parties.
NEW DELHI: On Friday (6th Dec), the Supreme Court stated that while democracy allows for diverse ideologies, these beliefs must align with the Constitution.
A bench of Justices Surya Kant and Ujjal Bhuyan made this observation while dismissing a PIL filed by advocate Jaya Sukin. The petition sought directions for the Centre and the Bar Council of India to ensure that individuals contesting elections for bar bodies were not active members of political parties.
“In a democracy, there is room for different ideologies, but they must conform to the Constitution. There is no law prohibiting active political party members from contesting bar body elections. You want us to create a law, but that can’t be done,”
the bench remarked.
Senior advocate Sirajuddin, representing the petitioner, argued that allowing candidates affiliated with political parties to run for bar body elections would allow them to push their own agendas. He also pointed out that some prominent individuals with political affiliations had contributed significantly to the country, including those who had been part of Parliament.
The bench responded that, in the absence of any law on the issue, it couldn’t prevent someone associated with a political party from running for bar body elections.
Justice Kant also humorously suggested that the petitioner might consider joining a political party for some experience.
Recognizing the court’s stance, Sirajuddin requested that the matter be referred to the Law Commission, but the bench declined and permitted the petitioner to withdraw the plea.
When the petitioner raised concerns specifically about the BCI and State Bar Councils, the Court humorously suggested that the petitioner “join a political party” to better understand those dynamics. The justices emphasized that they could not mandate Parliament to legislate on such issues.
Ultimately, the Court rejected the petition but allowed the petitioner to seek recourse from other appropriate authorities.
The petition had been filed by members of the legal community who expressed concerns over potential conflicts of interest, citing instances where political ideologies might influence decisions within legal organizations.
However, the Supreme Court made it clear that political beliefs do not automatically disqualify individuals from holding office in bar associations, as long as their actions align with the duties and responsibilities prescribed for such positions.
In dismissing the petition, the Court reinforced the principle of individual freedom, stating that political ideology does not invalidate one’s ability to serve in a professional capacity within a bar body.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
