The Supreme Court on Friday issued a comprehensive set of directions reforming the electoral framework of the Supreme Court Bar Association (SCBA), accepting several recommendations relating to voter eligibility, candidature criteria, tenure, reservations, campaign practices and election transparency.
The bench of Chief Justice Surya Kant and Justice K V Viswanathan has accepted the following suggestions for SCBA elections:
- Voting Eligibility Linked To Court Practice
The Court held that advocates must have at least 50 appearances in the Supreme Court during the preceding two years to be eligible to vote. Recognising structural challenges faced by certain groups, the threshold was reduced to 30 appearances for women advocates and 5 appearances for advocates with disabilities. To ensure active participation in court proceedings, at least 75% of the appearances must be physical, while the remaining 25% may be virtual.
- Clear Criteria For Contesting Elections
A minimum of five years’ permanent membership of the SCBA will be required to contest elections. For senior posts such as President and Vice-President, the Court prescribed experience-based criteria linked to lead appearances and reported Supreme Court judgments. Candidates for posts such as Secretary, Joint Secretary, Treasurer and Joint Treasurer must satisfy the 50-appearance requirement.
- Security Deposit To Discourage Non-Serious Candidates
The Court accepted the proposal for a refundable security deposit along with nomination papers. The amount would be refunded to candidates securing 15% or more of the valid votes, thereby balancing accessibility with the need to discourage non-serious candidature.
- Longer Tenure For Office-Bearers 2027 onwards
Noting concerns about continuity in administration, the Court increased the tenure of elected office-bearers from one year to two years, with the change taking effect from 2027 onwards. A one-year cooling-off period will also apply after completion of a term.
- Greater Representation For Women And Advocates With Disabilities
The Court retained flexibility for future reservation measures by directing that additional posts may be reserved for women advocates and advocates with disabilities through annual judicial orders. However, the office of President will remain outside the reservation framework.
- Strict Action Against Electoral Inducements
To curb malpractice, the Court directed that the Model Code of Conduct must expressly prohibit inducements in cash or kind in exchange for votes. Any candidate found engaging in such conduct would face disqualification not only from the ongoing election but also from the next election cycle. Mobile phones will also be prohibited inside polling booths.
- A common platform containing manifestos of candidates for transparency
A common platform will be created on the SCBA website to host the manifestos of all candidates, enabling members to compare promises and agendas. Members will also have the option to opt out of campaign messages. Significantly, elected office-bearers will be required to submit self-appraisal reports before the next election, detailing their achievements and shortcomings vis-à-vis their election promises.
- Clarifications On Eligibility
The Court clarified that proximity card entries alone cannot determine voting eligibility and would only serve as corroborative evidence. It also rejected the suggestion that mere empanelment on the MIQ panel should constitute an eligibility criterion.
The Court directed that the reforms be implemented before the next SCBA elections and emphasised that elections should not be delayed while the new framework is operationalised