Supreme Court clarifies its order on minimum 1/3rd Women’s reservation in SCBA, says posts on experimental basis

The Supreme Court on Monday clarified that its order whereby it had directed reservation of minimum one-third seats for women in the Supreme Court Bar Association’s executive committee is on an experimental basis and that any difficulty faced in implementing the reforms would be placed before the apex court.

The bench of Justice Surya Kant and Justice KV Viswanathan in its order passed on May 2 had made it clear that this reservation will also be applied in the coming elections, which are to be held on May 16, 2024. Furthermore, it was also ordered that the election committee, whose decision shall be final in all aspects, will comprise Senior Advocates Jaideep Gupta, Rana Mukherjee, and Meenakshi Arora. Beside, it was also directed that, in the upcoming election, the post of Treasurer of SCBA shall be reserved for a woman candidate.

Following, the lawyer’s body passed a resolution on the very next day calling for an Emergent General Meeting on May 07. The resolution mentioned that there was no occasion for the Supreme Court to pass this order. As given in the resolution, the purpose of the meeting was to discuss the nationwide consequences of the Suo Moto amendment of Bar Association Rules and to decide further course of action. 

Notably, the apex court, in its order today, also recorded that this aforesaid emergent meeting stands canceled now. Hence, the Emergent General Meeting, scheduled to be held tomorrow, will not be held.

The decision was passed after a verbal mention was made by the office bearers of the lawyer’s body. At the commencement, Senior advocate Pravin H. Parekh mentioned that the general body was being called to declare whether the order was valid or not.

Responding, Justice Kant said that a consent order was passed. He added that there is a statement by the president of the bar association, welcoming that order. Subsequently, Senior advocate Jayant Bhushan clarified that the SCBA’s concern was whether the court could dictate its Constitution, not the reservation or the holding of the election. While the top court appreciated that the election process has commenced, it also pointed out that this is not the first time that the reforms were ordered by the Supreme Court. 

Justice Kant further continued that SCBA is the first bar association of the country and that the entire nation looks up to it. He added that the bar association has been persons who have been instrumental for decades in the enforcement of the fundamental rights of the people. He then questioned if the association does not respect the constitutional provisions, who else will do? Consecutively, the bench also proposed that the association could bring the reforms. 

The court ordered that on the oral mentioning of the office bearers of the SCBA it is clarified that the order dated May 02, 2024, is on an experimental basis. It added that the difficulties, if any, experienced in giving effect to the reforms introduced through that order as a pilot project will be placed on record and shall be considered along with other reforms to be suggested by the SCBA as per the said order. It continued that President of the SCBA, Dr. Adish Aggarwala, clarifies that in deference to the order, the election process has commenced and is conducted as per the schedule fixed by this Court vide the order dated May 02.  The Court further added in its order, that the SCBA Secretary shall hold the Annual General Meeting (AGM) on the date of election.