IMPORTANT POINT
Supreme Court Bar Association (SCBA) – Some of posts in Executive Committee must be reserved for women members of Bar – At least one post of Office Bearer shall be reserved for women candidate exclusively by turn and on rotation basis.

1. In continuation of order dated 23.04.2024, the Observer Committee, constituted by us, has submitted its report. As per the said report all the eight resolutions put up before the Supreme Court Bar Association, Special General Body Meeting held on 30.04.2024 have failed for want of 2/3rd majority of the members present and voted. The brief description of all the resolutions has also been given in its report by the Committee. The resolutions inter-alia recommended:

(i) That previous resolution dated 15.10.2014 resolving that no member of the Bar shall be eligible to hold any one post for more than four years in his/her life time should be recalled.

(ii) That the eligibility conditions to contest for the post of Office Bearers of SCBA, including the length of practice at Bar and the fee to be deposited should be revised.

(iii) That the admission fee for the members in SCBA should be amended and revised.

(iv) That the deposit fee and eligibility for candidates to contest for various posts in SCBA Executive Committee be revised and suitably enhanced.

(v) That the admission fee for the membership for SCBA in future be suitably revised and enhanced.

(vi) That the requirement of existing number of 150 members for convening General Body/Special General Body Meeting be increased to 600.

(vii) That the tenure of the Executive Committee be increased to two years as against one year.

(viii) That there should be reservation for women in SCBA Executive Committee.

2. All the aforesaid resolutions/recommendations, each signed by 150 eligible members, have been rejected in the Special General Body Meeting held on 20.04.2024.

3. In this regard, we have heard various senior members/members of the Bar. We are of the view that the SCBA is a premier institution and is 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. However, such reforms need to be brought after due consideration of the suggestions from the members of the Bar. In fact some suggestions have been invited from the members of the Bar, including the office bearers of the Supreme Court Executive Committee vide our order dated 14.08.2023. The relevant part whereof reads as follows:

“1. In deference to the previous orders including dated 10.07.2023, Mr. Vikas Singh, learned senior counsel has given certain suggestions.

2. Copy of the same be given to Dr. Adish Aggarwala, learned Senior Advocate and President of the Supreme Court Bar Association.

3. We have impressed upon Dr. Adish Aggarwala and the other members of the Bar Association to submit their respective suggestions and/or the modalities to be followed for further reforms in the election process of the Bar Association. The suggestions may be submitted within eight weeks.

4. Post the matter on 30.10.2023.”

4. We, thus, direct that:

(i) The Executive Committee of the SCBA shall invite suggestions from all the members of the Bar through a public notice in its website. All such suggestions may be invited by 19.07.2024. Such suggestions may be in digital form or through hard copy.

(ii) Some of the suggestions which have already been brought by senior members/members of the Bar will also taken as part of those suggestions.

(iii) The Executive Committee of the SCBA shall compile all the suggestions received from members of the Bar and place it on record. Such suggestions will also be then displayed on the website inviting cross-suggestions, if any, which shall be received by 09.08.2024.

5. We propose to give a time bound audience to some of the members of the Bar in representative capacity before taking a final call on the suggestions that may be received.

6. We are, however, of the view that notwithstanding any resolution passed by the Special General Body of SCBA, some of the posts in the Executive Comm