New Delhi, May 4: The Supreme Court Bar Association (SCBA) has passed a resolution stating that the Supreme Court’s directive to reserve posts for women in the executive committee of the lawyers’ body “impinged” on its independence.
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Underscoring that the May 2 order was passed by the top court on its own, “without considering the relevant SCBA rules”, the association’s resolution passed on Friday said it had resolved to call a meeting to “contemplate further steps”.
In its order on Thursday, the Supreme Court said that in the upcoming 2024-2025 SCBA polls, the post of treasurer be reserved for women. It also said that a minimum of one-third of seats in the executive committee of the lawyers’ body would have to be reserved.
“Minimum of one-third seats in the executive committee, that is, three out of nine; minimum one-third out of the senior executive members, that is, two out of six; and at least one post of the office bearer shall be reserved for women candidates exclusively by turn and on a rotation basis,” the apex court directed.
The executive committee of the SCBA held a meeting the next day and passed the resolution.
Referring to a 2023 verdict of the Supreme Court, the resolution said, “While noticing the anxiety and concern raised by many members of the bar in general, the majority of the members of the executive committee are of the view that the committee had strictly complied with all the orders or directions passed by the Supreme Court.” It said that the committee believed that “there was perhaps no occasion for the Supreme Court to pass the order” without considering the relevant provisions of the SCBA rules.
“An even greater concern is that as a consequence of the order dated May 2, 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 resolution added.
“It has been resolved by the majority that (SCBA) secretary (Rohit Pandey) call for an Emergent General Meeting (EGM) to discuss and address the bar at large with respect to the pan-India consequences of suo motu (on its own) amendment of the rules of bar associations by judicial intervention and contemplate further steps in this matter,” it further said.
On May 2, a top court bench of Justices Surya Kant and K V Vishwanathan said it was of the view that the SCBA was a premier institution and an integral part of the highest judicial forum of the country.
“The norms, eligibility conditions, membership, membership fee structure etc., cannot remain static for decades and timely reforms to meet with the challenges that may confront the institution from time to time, are required to be carried out,” it had said then.
The SCBA elections will be held on May 16 and votes will be counted on May 18. The results will be declared the next day. (Agencies)
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