Mr. Shrivastava, with virtual hearings becoming permanent, why should physical appearances still be weighted at 75%? Could a lawyer who appears exclusively virtually not be just as active before the Court?

My Lord, the SCBA is not merely a virtual association; it is physically located within the Supreme Court premises. The Bar Association represents the collective voice of advocates who are present in the Court. Physical presence ensures that advocates are available for chamber consultations, for filing physical documents, for attending Bar meetings, and for maintaining the collegial atmosphere that is essential for the functioning of the Bar. Virtual appearances are a valuable supplement, but they cannot replace the tangible presence of advocates within the Court precincts. The 75-25 split strikes an appropriate balance between recognising the reality of virtual hearings and preserving the importance of physical presence.

The reduced thresholds for women (30 appearances) and disabled (5 appearances) are significantly lower. Is this not arbitrary? Why should a disabled advocate with only 5 appearances have the same voting right as a non-disabled advocate with 50 appearances?

My Lord, the reduced thresholds are not arbitrary; they are a form of affirmative action recognising the additional challenges faced by these groups. Advocates with disabilities may face physical barriers in attending Court regularly, even with the availability of virtual hearings. Women advocates may face societal and familial pressures that affect their ability to maintain a high number of appearances. The Constitution mandates equality, but equality does not always mean identical treatment. Article 15(3) specifically permits the State to make special provisions for women, and Article 41 casts a duty on the State to secure the right to work for persons with disabilities. The reduced thresholds are a recognition of these constitutional values.

The Committee recommended removal of the government counsel category on the ground that they have higher appearances. But government counsel perform essential functions for the State. Does this not disenfranchise a significant section of the Bar?

My Lord, government counsel are not being disenfranchised; they are being brought under the general category. Under the general category, they would need 50 appearances in two years, just like any other advocate. The Committee noted that government counsel usually have higher appearances before the Court, so meeting the threshold of 50 appearances should not be difficult for them. The separate category with a lower threshold (50 appearances in three years) was an anomaly. For the sake of uniformity and simplicity, it is being removed. No government counsel who is genuinely active before the Court will lose their voting right; they will simply have to meet the same criteria as everyone else.

The President must have 10 lead appearances in reported judgments in the preceding 10 years. Is this not too high a bar? What about senior advocates who may have argued many cases but whose judgments are not reported?

My Lord, the office of President of the SCBA is the highest office in the Bar. The President represents the collective voice of the Bar before the Bench. It is essential that the President is an advocate of standing, experience, and proven ability. Lead appearances in reported judgments are a verifiable, objective indicator of such standing. The alternative threshold of 25 lead appearances in reported judgments in the preceding 20 years provides flexibility for senior advocates whose reported judgments may be spread over a longer period. The requirement ensures that the President has a track record of meaningful participation in the adjudicatory process, which is crucial for effective communication with the Court.

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Strict Eligibility Criteria Essential for SCBA Voting Rights — Supreme Court Bar Association

The SCBA is a court-annexed bar association representing regular practitioners before the Supreme Court.

Supreme Court Bar Association v. B.D. Kaushik (M.A. Diary No. 13992/2023 arising out of C.A. Nos. 3401-3402/2003)

Core Argument

The SCBA is a court-annexed bar association representing regular practitioners before the Supreme Court. Voting rights must be restricted to those who have a genuine and consistent presence before the Court, as established by objective criteria such as minimum appearances and filings, to ensure that only serious practitioners determine the leadership of the Bar.

Key Precedents

Supreme Court Bar Assn. v. B.D. Kaushik (2011) 13 SCC 774 — Held that court-annexed Bar Associations constitute a separate class and that voting rights can be restricted to regular practitioners.
Supreme Court Bar Assn. v. B.D. Kaushik (2012) 8 SCC 589 — Upheld the mandate of the Implementation Committee to identify eligible voters.

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