Supreme Court Fixes SCBA Elections On May 20; Secretary & 1/3rd EC Posts Reserved For Women

The Supreme Court on Tuesday (May 6) directed that the elections of the office-bearer posts of the Supreme Court Bar Association be held on May 20. The Court also directed that the election shall be held on the basis of the voter list as was finalized in the elections for the year 2024.

Apart from those who are included in the voter list for 2024, all those members who acquired eligibility up to 28.02.2025 shall also be entitled to be included in voter list, the Court said.

It was further directed that for the 2025 elections, the post of Secretary shall be exclusively reserved for a woman candidate. In addition, 1/3rd posts in the Executive Committee (ie 3 out of 9) and 1/3rd posts of senior executive members (ie 2 out of 6) shall be exclusively reserved for women candidates.

The Court also ordered that the report submitted by Justice (Retired) L Nageswara Rao regarding reforms in the SCBA bye-laws and election norms be uploaded on the SCBA website. While no challenge to the report will be entertained, members will be welcome to give suggestions, the Court said.

A bench comprising Justices Surya Kant and KV Viswanathan passed the directions.

During the hearing, a unanimous prayer was made by members of SCBA that the Court prescribe a time-schedule for elections as the tenure of the existing office-bearers is expiring on May 19. In response, the bench observed that in such circumstances, it may not be possible to implement the recommendations of the Justice Rao committee for the 2025 elections. When the counsels submitted that there was no objection in that regard, the Court assured that it will not direct implementation of the report (for future purposes) without hearing the views of the Bar. 

"We have received Justice Rao's report, giving some recommendations for reforms. We don't want to implement any report mechanically, without giving...it's ultimately your matter. We know our [limitations]...", Justice Kant said.

When Senior Advocate Dr. Adish Aggarwala said that the Report should go to the Association, Justice Kant made it clear that the Court will not allow SCBA or members of the Bar to "sit over" the Report. "Justice Rao has not made recommendations on asking of the Bar. He has made recommendations on our request. We have to give full respect to that report. We will not allow your general body/Bar to sit over the report. We will hear you with open mind, but final decision will be ours."

"For this election, we can continue as per past practice. But for future, think why your elections cannot be held on the same day as that of HC, District Courts..," Justice Kant further suggested.

Senior Advocate Shobha Gupta, arguing an application filed by Advocate Yogamaya MG through AoR Deepak Prakash, requested the bench to exclusive reserve the post of Secretary for women lawyers, rotating from the previous reservation given for the Treasurer post. Keeping in view the sentiments expressed by the Bar, the bench agreed and passed the order for reservation.

Last year, for the first time, the Supreme Court directed that 1/3rd women's reservation be implemented in the SCBA posts. The Court also proposed to reform the membership and election norms of the SCBA and constituted a committee led by Justice Nageswara Rao.

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

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