The Supreme Court on Monday permitted the Supreme Court Bar Association (SCBA) to proceed with its November 2 general body meeting on electoral reforms but directed the association not to announce the outcome of the voting, requiring it instead to submit the results to the Court in a sealed envelope.
A Bench headed by Chief Justice of India Surya Kant issued the directions after Senior Advocate Jaideep Gupta, who heads the committee appointed to examine reforms in the SCBA’s electoral process, raised objections to the proposed meeting ahead of the next hearing in the matter on November 5.
The meeting has been convened to consider two resolutions concerning the Court’s earlier directions on electoral reforms. The proposed resolutions relate to the use of proximity card entry records for assessing advocates’ eligibility and provisions concerning veteran members of the Bar.
Gupta submitted that the meeting had been called without consultation with the committee and questioned whether adopting resolutions on issues already under judicial consideration could amount to an attempt to pre-empt the Court’s examination of the reforms. He clarified that he was not opposing the passage of any resolution but expressed concern over the timing of the meeting, particularly since the matter was scheduled to be taken up three days later.
SCBA President and Senior Advocate Pradeep Rai, however, told the Bench that the association intended to ascertain the views of its members before formulating its position. He suggested that the concerns could have been addressed through discussions with the association rather than by bringing the issue before the Court.
The Bench also emphasised that the objective of the proposed electoral reforms was to strengthen the position of genuine practitioners regularly appearing before the Supreme Court, rather than deprive members of their rights.
CJI Surya Kant observed that the reform exercise was intended to support advocates who maintained a genuine professional engagement with the Supreme Court, the Bar and the institution, while addressing concerns regarding persons without a meaningful connection to the profession.
The Chief Justice also clarified that the committee’s work was being undertaken under the Court’s directions and with its authority.
Taking note of the concerns raised, the Bench allowed the SCBA to hold the November 2 meeting but imposed a safeguard against the immediate publication of its outcome. The association was directed to conduct the voting by secret ballot, refrain from declaring the result and place the outcome before the Court in a sealed envelope.
The Bench further requested the SCBA leadership and members involved in the reform exercise to remain present on November 5 to assist it in the proceedings.
The directions came in the ongoing proceedings in Supreme Court Bar Association v. B.D. Kaushik, in which the Supreme Court is examining changes to the association’s electoral framework. The Court’s May 29 directions addressed eligibility-related issues, including the evidentiary value of proximity card entry records and the position of long-standing members of the Bar.
The November 2 meeting will therefore proceed, but its voting outcome will remain undisclosed pending consideration by the Supreme Court.
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