The SCBA election reforms meeting of November 2 can go ahead, the Supreme Court has said, but the result must stay undeclared and reach the Court in a sealed envelope.
New Delhi: The Supreme Court on Monday, October 26, 2026, permitted the Supreme Court Bar Association (SCBA) to hold its special general body meeting on election reforms on November 2, directing that voting be by secret ballot, that the outcome not be declared, and that the result be placed before the Court in a sealed envelope [Supreme Court Bar Association v. BD Kaushik].
A Bench headed by Chief Justice of India Surya Kant passed the direction on an oral mention by Senior Advocate Jaideep Gupta, who heads the Court-appointed committee examining reforms to the SCBA’s electoral process. SCBA President Senior Advocate Pradeep Rai appeared for the association. The matter is next listed on November 5, three days after the meeting.
Background
The Supreme Court has been monitoring the SCBA’s internal elections in this case, which arose from BD Kaushik, and has issued a series of reform orders over the last few years, including the reservation of posts for women members. On May 29, 2026, a Bench of CJI Surya Kant and Justice KV Viswanathan extended the executive committee’s term from one year to two years with effect from 2027 and revised the criteria to vote and to contest.
Under the May 29 order, eligibility to vote is to rest primarily on the Record of Proceedings and Registry data, with proximity card entries usable only as corroborative evidence in case of discrepancies. Members with more than 25 years of SCBA membership were given voting rights if they had voted in at least one election in the preceding five years. The SCBA has now called a special general body meeting to pass resolutions on proximity card entry and on veteran members, the two subjects that the November 2 meeting is concerned with.
The committee’s objection
Mr Gupta told the Bench that the meeting concerned proximity card entry and veteran members under the May 29 order. He said the committee did not oppose any resolution, but pointed out that the case was listed on November 5 and that the committee had not been consulted before the meeting was called.
Mr Rai said the concerns could have been discussed with him and resolved without approaching the Court. Mr Gupta responded that the meeting appeared to be overreaching the Court’s order.
The SCBA’s stand
The Chief Justice described Mr Gupta and his team as the Court’s experts, whose proposals were made at the Court’s instance. Mr Rai said the association had thought it better to consult its members before giving its opinion.
Hold the meeting, keep the result sealed
Mr Gupta pointed out that a resolution of this nature becomes binding once it is passed. The Chief Justice then allowed the meeting to proceed on terms:
Hold the meeting, but do not declare the outcome. Keep the result in a sealed envelope and produce it before the Court.
Explaining the purpose of the reforms, the Chief Justice said the aim was to strengthen genuine Supreme Court practitioners, the Bar, the institution and the system, and not to take away anyone’s rights. Outsiders with no connection to the profession, he said, should be excluded.
Mr Rai assured the Bench that the association would not declare the result. The Chief Justice asked everyone, including the SCBA leadership and the committee, to be present and to continue assisting the Court at the next hearing.
What happens next
The SCBA’s members will vote on the two resolutions on November 2 by secret ballot. The result will be kept sealed and placed before the Court on November 5, when the Bench will hear the committee and the association on how the May 29 order is to be applied.
Case Title: Supreme Court Bar Association v. BD Kaushik
Bench: Bench headed by Chief Justice of India Surya Kant, Supreme Court of India
Date of Order: October 26, 2026
Next Hearing: November 5, 2026
Appearances: Senior Advocate Jaideep Gupta, head of the Court-appointed committee on SCBA reforms; Senior Advocate Pradeep Rai, President, SCBA