The Supreme Court on Monday permitted the Supreme Court Bar Association (SCBA) to proceed with its November 2 special general body meeting on proposed election reforms, but directed that the voting outcome be kept in a sealed envelope and placed before the Court without being declared.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana passed the directions while hearing submissions concerning two proposed resolutions relating to proximity-card entry into the Supreme Court premises and voting eligibility for veteran members of the Bar. The issues form part of the reforms being considered by the Court under its May 29 order inSupreme Court Bar Association v. BD Kaushik. The matter is scheduled for further hearing on November 5.
Senior Advocate Jaideep Gupta raised concerns over the proposed meeting, submitting that the resolutions concerned matters already under consideration before the Court and that the meeting was being convened without consultation. He cautioned that passing the resolutions could result in immediate changes to the existing rules before the Court considered the matter.
SCBA President and Senior Advocate Pradeep Rai responded that the Association wanted to consult its members before conveying its views to the Court. He also questioned why the concern had not been discussed with him directly instead of being raised before the Bench.
The CJI observed that the reforms committee was acting under the Court’s directions and emphasised that the objective was to strengthen the position of genuine, regular practitioners associated with the Supreme Court and the Bar. He clarified that the proposed reforms were not intended to take away rights.
After Jaideep Gupta pointed out that the resolutions would become binding if passed, the Bench permitted the meeting to proceed but directed that its outcome not be declared and instead be submitted to the Court in a sealed envelope. Rai assured the Bench that the results would not be declared.
The Court also asked the lawyers to remain present on November 5 to assist it further in the ongoing proceedings concerning SCBA election reforms.