'Independence Of Bar Impinged' : SCBA Executive Committee Raises Concerns About Supreme Court Direction For Women's Reservation In SCBA
The Supreme Court Bar Association (SCBA) has called for an 'Emergent General Meeting' in view of the Supreme Court's recent order reserving a minimum of one-third of the seats for women in the SCBA's executive committee. As per the direction, this order will also be applied in the coming elections, which are to be held on May 16, 2024. The resolution, dated May 03, passed by the...
The Supreme Court Bar Association (SCBA) has called for an 'Emergent General Meeting' in view of the Supreme Court's recent order reserving a minimum of one-third of the seats for women in the SCBA's executive committee. As per the direction, this order will also be applied in the coming elections, which are to be held on May 16, 2024.
The resolution, dated May 03, passed by the Executive Committee stated that there was “no occasion” for the Supreme Court to pass the aforementioned order. The purpose of the meeting, as given in the resolution, is twofold. First, to discuss the nationwide consequences of Suo Moto amendment of Bar Association Rules and Second, to decide further course of action.
“In light of the aforesaid, it is resolved by the majority that Hony. Secretary call for an Emergent General Meeting (E.G.M.) in terms of the Rule 22 of SCBA Rules to discuss and address the Bar at large with respect to the Pan-India consequences of Suo Moto amendment of the Rules of Bar Associations by judicial intervention and contemplate further steps in this matter."
It has been stressed that this decision has “impinged” the independence of the Bar.
“An even greater concern is that as a consequence of the order dated 02.05.2024, 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 stated.
The above-mentioned Supreme Court's decision has been passed by the Bench of Justices Surya Kant and KV Viswanathan. Apart from directing womnen's reservation, the bench also passed directions to the SCBA to call for suggestions from the bar for reforming the SCBA rules regarding eligibility conditions for contestants, admission fee etc.
The Court passed the directions after noting that eight resolutions seeking reforms failed in the Special General Body Meeting held on April 30.