ITEM NO.6 COURT NO.

4 SECTION XIV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION…………... Diary No(s).13992/2023
(Arising out of impugned final judgment and order dated 20-07-2012
in C.A. No.3401/2003 passed by the Supreme Court Of India)

SUPREME COURT BAR ASSOCIATION Petitioner(s)

VERSUS

B.D. KAUSHIK Respondent(s)

(IA No. 82106/2023 - APPLICATION FOR PERMISSION, IA No.69113/2023 –

CLARIFICATION/DIRECTION, IA No. 69115/2023 - EXEMPTION FROM FILING
PAPER BOOKS, IA No. 67662/2024 - INTERVENTION APPLICATION, IA
No.55359/2024 - MODIFICATION OF COURT ORDER, IA No.67665/2024 -
PERMISSION TO APPEAR AND ARGUE IN PERSON)

WITH
Diary No(s).16882/2024 (XIV-A)
(IA No. 90377/2024 - APPROPRIATE ORDERS/DIRECTIONS)
Diary No(s). 17011/2024 (XIV-A)
(IA No. 90603/2024 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 02-05-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Parties: Dr. Adish C. Aggarwala, Sr. Adv.

Mr. Sukumar Pattjoshi, Sr. Adv.
Mr. Arijit Prasad, Sr. Adv.
Mr. Dinesh Kumar Goswami, Sr. Adv.
Mr. Narender Hooda, Sr. Adv.
Mr. S. Wasim Ahmed Qadri, Sr. Adv.
Mr. Pratap Venugopal, Sr. Adv.
Mr. Meenesh Kumar Dubey, Adv.
Ms. Yugandhara Pawar Jha, Adv.
Mr. Amrendra Kumar Singh, Adv.
Mr. Vibhu Shanker Mishra, Adv.
Mr. Kumar Gaurav, Adv.
Mr. Shashank Shekhar, Adv.
Mr. Vikas Gupta, Adv.
Mr. Chanchal Kumar Ganguli, Adv.
Mr. Manish Goswami, Adv.
Mr. Anil C. Nishani, Adv.
Signature Not Verified

Digitally signed by
Ashwani Kumar
Date: 2024.05.02 Mr. Upendra Mishra, Adv.
18:04:19 IST
Reason:

Mr. Vikas Singh, Sr. Adv.

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 Ms. Deepika Kalia, Adv.
Mr. Nitin Saluja, AOR
Mr. Keshav Khandelwal, Adv.
Ms. Vasudha Singh, Adv.

Ms. Kumud Lata Das, AOR

Mr. Aman Anand, Adv.
Ms. Savitri Pandey, Adv.
Ms. Indu Kaul, Adv.
Ms. Reepak Kansal, Adv.
Ms. Pooja Rathore, Adv.
Ms. Rubina Jawed, Adv.
Ms. Akanksha Kohli, Adv.

Mr. Milind Kumar, AOR

Mr. Shivaji M. Jadhav, AOR
Mrs. Yugandhara Pawar Jha, AOR

Mr. Parmanand Pandey, AOR

Mr. Birendra Kumar Choudhary, Adv.
Mr. Arun Kumar, Adv.
Mr. Utkarsh Pandey, Adv.
Mr. Karan Kaushik, Adv.
Ms. Pareena Swarup, Adv.

Mr. Dinesh Kumar Garg, AOR

Mr. Dhananjay Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. D.K. Garg, Adv.
Mr. Ishaan Tiwari, Adv.
Mr. R.P. Bansal, Adv.
Mr. Chanakya Gupta, Adv.
Mr. Chaudhary Shamshuddin Khan, Adv.
Dr. B.P. Nilaratna, Adv.

Mr. Ujjawal Gaur, Adv.

Mr. Rishabh Sahu, Adv.

Ms. Hema Sahu, Adv.
Mr. Rajendra Sahu, Adv.

Ms. K.R. Chitra, Adv.

Mr. Vivek Sharma, Adv.

Ms. Priya Hingorani, Sr. Adv.

Mr. Naseem Ahmed, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. In continuation of order dated 23.04.2024, the Observer

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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.

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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

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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 Committee must be reserved for women members

of the Bar. We, accordingly, direct that hitherto including for the

ensuing election there shall be reservation for women members of

the Bar to the following effect:

(i) Minimum of 1/3rd seats in the Executive Committee i.e., 3 out

of 9.

(ii) Minimum 1/3rd out of the Senior Executive Members i.e., 2 out

of 6.

(iii) At least one post of the Office Bearer shall be reserved for

women candidate exclusively by turn and on rotation basis.

(iv) In the ensuing election for 2024-2025, the post of Treasurer

of the Executive Committee is reserved for women.

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7. Though no clarification is required, however, to remove any

sort of doubt, it is made clear that reservation is only to

guarantee a minimum and women members of the SCBA, subject to their

eligibility, shall be entitled to contest the election for all the

posts in the Executive Committee.

8. We have also considered the suggestions and modalities for

conducting the election of the Executive Committee of the SCBA,

which will become due to expiry of the term of the current office

bearers on 18.05.2024. In this regard, after considering the view

point of various members, it is directed that:

(i) The election of the officer bearers of the SCBA and the

Executive Committee shall be held on 16.05.2024.

(ii) The election shall be held on the basis of the voter list as

was finalized in the election for the year 2023.

(iii) Apart from those under the voters list for 2023, all those

members who have become eligible between 01.03.2023 to 29.02.2024

would also be entitled to be included in the voters list. In this

regard, we have been informed that a communication dated 06.03.2024

has been sent to the Supreme Court Registry for providing the

following details:

(1) Data of entry of Proximity Card of SCBA Members

between 01.01.2023 to 31.12.2023,
(2) Updated List of Chambers Allottee,
(3) Updated List of Chambers Waiting,
(4) Updated List of Amicus Curiae and
(5) Updated List of Mediation Panel of SCBA Members.

(iv) We direct that the Registry shall, if it is not already made

6
available, make available the above requisitioned list on or before

03.05.2024.

(v) The counting of votes shall commence on 18.05.2024. The result

shall be declared on 19.05.2024.

9. The Election Committee shall comprise of (i) Mr. Jaideep

Gupta, Sr. Advocate, (ii) Mr. Rana Mukherjee, Sr. Advocate and

(iii) Ms. Meenakshi Arora, Sr. Advocate.

10. In case, if any of the three members have any difficulty, he

or she may mention the same before us for replacement.

11. The Election Committee shall be at liberty to co-opt

volunteers for conducting free and fair election.

12. We make it clear that the decision of the Election Committee

shall be final on all aspects, including on the aspect of the

eligibility for inclusion in the voters list

13. Post these matters on 15.07.2024.

(ARJUN BISHT) (PREETHI T.C.)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)