Former Supreme Court Judge-Justice L Nageswara Rao To Head Committee Constituted For Proposing Electoral Reforms In SCBA

In the Supreme Court Bar Association v. BD Kaushik case, where the Supreme Court is considering the issue of electoral reforms in SCBA, it has come forth that former Supreme Court judge-Justice L Nageswara Rao has agreed to head the Committee proposed for making recommendations. 

The said Committee is proposed to recommend norms/guidelines/parameters for the reformation and suitable amendments in the Bye-laws regulating election of the Executive Committee to the SCBA. It shall comprise of Senior Advocates/experienced advocates who have never been interested in contesting elections as office bearers of SCBA.

"The proposed reforms may inter alia include the eligibility conditions for contesting the elections", the Court has said.

A bench of Justices Surya Kant and KV Viswanathan recently passed an order to the above effect, while dealing with an intervention application filed by Senior Advocate Vikas Singh suggesting reforms to the SCBA. One of the reforms suggested by Singh related to eligibility condition for the post of SCBA President, ie a candidate must have at least 100 lead appearances in the Supreme Court.

Passing the above order, the Court has left it on the discretion of Justice L Nageswara Rao as to who shall form part of the Committee. Two weeks' time has been granted to members of the Bar to suggest names to Justice Rao, however, picking the said names is upto the former judge. "Hon'ble Mr. Justice L. Nageswara Rao is at liberty to constitute his own team, in case the members of the Bar do not provide any names", the Court has said.

The order further adds: "It will be the entire discretion of Hon'ble Mr. Justice L. Nageswara Rao to invite suggestions from the members of the Bar or other stakeholders."

The matter is next listed for consideration on April 7, 2025.

Notably, on February 17, the bench had orally remarked that it would constitute a committee led by a former judge of the Supreme Court, comprising two senior advocates (one male and female each), two advocates-on-record (male and female each) and one experienced advocate. The bench had also indicated that it had shortlisted names of two former judges who had "spent entire life in Bar" and would request them to take on the responsibility.

Now, Justice Rao, who practiced before the Supreme Court from 1995 to 2016, before appointment in May 2016 as a Supreme Court judge, has agreed to Chair the Committee.

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

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