Supreme Court Enacts Key Reforms in SCBA Elections
In a landmark decision, the Supreme Court of India introduced significant changes to the electoral framework and composition of the Supreme Court Bar Association (SCBA) on Friday. The ruling was delivered in the case of SCBA v BD Kaushik, where the Court mandated an extension to the tenure of elected office-bearers of the SCBA executive committee from one year to two years, effective from 2027.
New Eligibility Criteria for Voting
The Bench, comprising Chief Justice of India (CJI) Surya Kant and Justice KV Viswanathan, laid down comprehensive guidelines to revamp the eligibility criteria for voters and candidates. Women’s representation is enhanced with the eligibility to vote granted to women advocates who have appeared in at least 50 Supreme Court cases within the preceding two years. Similarly, advocates with disabilities must have made at least five appearances in the same timeframe. Ensuring a balance between physical and virtual court presence, the Court stipulated that 75% of these appearances must be physical, and virtual appearances need to be recorded separately on the Supreme Court’s digital portal, which will be upgraded for this purpose.
Evidence of Appearances and Filings
The primary source of verifying appearances will be the record of proceedings (RoP) and reports from the court registry. Proximity card data will supplement these records only when discrepancies arise. Additionally, the Court expanded voter eligibility to include Advocates-on-Record (AORs) who file an average of 20 cases annually over the past three years, with a reduced threshold for those with disabilities. Non-AOR advocates who have participated as mediators for at least two years at the Supreme Court Mediation Centre, handling at least 20 cases, will also qualify. A reduced threshold applies to advocates with disabilities.
Revised Election Contestation Rules
For contesting elections, the Court mandated that candidates must have at least five years of permanent SCBA membership. Key positions such as president, vice-president, secretary, and executive committee members require a minimum of ten years of regular Supreme Court appearances over the preceding decade.
Additional Provisions and Election Schedule
The Court further clarified that factors like chamber allotment or proximity card usage alone will not determine eligibility. Similarly, government counsel are exempt from any separate minimum appearance requirement. Senior Advocates residing in the National Capital Region, including Delhi and its neighboring areas, are eligible to vote under the new norms.
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To accommodate these changes, the upcoming SCBA elections have been postponed by one month, now slated for August. This decision underscores the Supreme Court’s commitment to fostering a more inclusive and representative electoral process within the SCBA.
