A flash back.The Supreme Court Bar Association (SCBA) was established in the year 1951 as an association of lawyers practising in the Supreme Court of India. In 2015, it completes its 65th year of existence..During these six decades, the SCBA has been witness to the ups and downs of the highest Constitutional court of the country. It has been a buffer in the tumultuous relationship between the Bench and the Bar. It was also many times an epitome of extremes. While it has fought for the cause of the Bar every now and then with its members rallying behind it, the SCBA has also witnessed intense and unpleasant infighting not befitting a mature Bar Association..From opposing the first amendment to the Constitution and the move to combine the office of the Law Minister and Attorney General in 1951, the SCBA had to witness and condemn the compromising of judicial independence in the 70s. Appointment of Justice AN Ray as the Chief Justice of India in supersession of three senior judges met with protest from the apex Bar which observed May 3 as Bar Solidarity Day and called upon all Bar Associations in India to abstain from court work..In 1979, the SCBA under the leadership of Dr. LM Singhvi declared November 26 as National Law Day to mark the anniversary of the adoption of the Constitution of India..MC Setalvad, who was also India’s first and longest serving Attorney General, was the first President of the SCBA with KM Munshi serving as the first Secretary. Setalvad adorned the post of the President from its inception till the year 1968, making him the longest serving President of the SCBA. Many other prominent lawyers including MC Chagla, AK Sen, LM Singhvi, CK Daphtary, KK Venugopal, Ram Jethmalani, PP Rao and Kapil Sibal have also served as the SCBA President..The following lawyers have held the post of President of the SCBA the maximum number of times:.The 2010 “Maladministration – Election” episode.The SCBA and the politics surrounding it have many times been a cause of intense drama. Though indicative of a vibrant Bar, it has also many times led to unpleasant situations..One such incident occurred in 2010, when the then Secretary, Pareena Swaroop was accused of financial irregularities and maladministration. A meeting called to discuss the issue was disrupted by the members with loud slogans and squabbling. Senior Advocate MN Krishnamani, then President of the SCBA, remarked that,.“We cannot conduct meetings in this atmosphere. Justices Sanyal and HL Aggarwal who were presiding over the meeting remarked that they would need orthopedic and cardiac specialists to attend the meetings.”.Subsequently, the Executive Committee was dissolved and a three member interim committee comprising Senior Advocates KK Venugopal, PP Rao and PH Parekh then took over the functioning of the SCBA. There was more drama and chaos in store, as a group of Non – Advocates on Record later appointed Senior Advocate Ram Jethmalani as the SCBA President because Jethmalani agreed to argue their case for scrapping the AoR system. Subsequently, when Jethmalani realised that the appointment was not made by the “real SCBA”, he vacated the chair..Most interestingly, in the elections held a month later, Jethmalani contested for and won the post of the President. That would be the first and the last time he would adorn that chair till date..Library, fighting for a cause and unresolved issues.The SCBA is always in the news – for reasons right and wrong. This year, one of the most unsavoury episodes occurred when it had a face off with Senior Advocate Abhishek Manu Singhvi over the naming of “Library no. 2” of the Supreme Court..The library had been named in the honour of Dr. LM Singhvi, father of AM Singhvi, in 2008 when AM Singhvi had also donated Rs. 20 lakh for the library. In 2014, the SCBA made a fresh demand of Rs. 20 lakh. Singhvi agreed to pay it subject to certain conditions which did not go down well with SCBA. The SCBA, therefore, decided to rename the library in honour of Awadh Behari Rohatgi, father of Attorney General Mukul Rohatgi, who donated Rs. 25 lac towards the library..The entire episode caused embarrassment to those involved and was later settled amicably after both Rohatgi and Singhvi made a joint proposal that no names would be attached to the library and it would simply be called “Supreme Court Library No. 2”..Aside from the controversies the SCBA was also in the limelight this year for taking up some major issues affecting the Supreme Court Bar. The most significant of those was the opposition to the newly drafted Supreme Court Rules, 2013 which were allegedly drafted and approved without consulting the Bar. After initially registering its protest with the CJI, the SCBA filed a writ petition which is currently pending before the Supreme Court. Meanwhile, the Supreme Court deferred the implementation of certain provisions of the Rules to which the SCBA had objected..Two other important issues which the SCBA has taken upon itself continue to persist – parking in Supreme Court and chambers for lawyers. With regard to the latter, construction is progressing at the Appu Ghar plot albeit at a snail’s pace..As regards the parking problem, a solution might soon be worked out thanks to a writ petition in the Supreme Court in which a Bench presided by Justice Gopala Gowda has issued directions to NDMC and ITPO to ensure that the parking woes are addressed..The SCBA was also at the forefront of organising debates and discussions on the Collegium system and in calling for its replacement..Witnessing the elections.The annual elections to elect the Executive Committee of the SCBA, which are held in December every year, heat up the otherwise chilly and depressing winter in the Supreme Court..A very significant development with respect to SCBA elections this year is the passage of the ‘four year maximum’ rule. After the passage of this new Rule, no person can now hold an SCBA post for more than four years..A major issue which has always been a subject matter of controversy is the SCBA voters list. Since only members who appear regularly in the Supreme Court are entitled to vote, a large number of members do not get to vote in the elections. This had created much controversy in 2012. The SCBA had gone to the extent of expelling of three Senior lawyers – Senior Advocates KK Venugopal, PP Rao and Ranjit Kumar, as these lawyers were in charge of implementing the Supreme Court judgment mandating regular appearance as an eligibility to vote. The SCBA resolution expelling them was subsequently scrapped by the Supreme Court. .The election fever seems to have caught up with the lawyers this year too. While detractors allege that the SCBA elections have lost its sheen and that breaking into the administrative body of the Supreme Court Bar is not as privileged as it used to be, the enthusiasm in the campaigning still holds..The election mania has spilled into the social media as well, with an anonymous twitter handle (@ElectionWitness) exclusively dedicated to SCBA election gossip, operating this year. Thanks to @ElectionWitness, some of the insider gossip is now out in public. In a seemingly endless harangue against the SCBA elections, @ElectionWitness tweets that distribution of blankets, cocktail party and free lunches are means to garner votes and money is what matters to win votes. There was also a rant against the “Ruling Party Lawyers” for “heavily backing one of their own to the post of President.”.This time around there are eight candidates in the race for the post of the President. They are.1. Adish Aggarwala.2. Alam Md Izhar.3. Dushyant Dave.4. Vijay Hansaria.5. Priya Hingorani.6. Rakesh Kumar Khanna.7. Hari Oum Sharma.8. Rupinder Singh Suri.Six candidates are contesting for the post of Secretary:.1. Aishwarya Bhati.2. Bina Madhavan.3. Anil Kumar Hooda.4. Anjani Kumar Jha.5. Holiyappa Kanna Naik.6. Surjendra Singh Nehra.The elections will be held on December 17, a day before the Supreme Court closes for winter vacation and the results will be declared that evening. In the meantime, it is winter election frenzy..Read the list of past Presidents and Secretaries of SCBA below.
A flash back.The Supreme Court Bar Association (SCBA) was established in the year 1951 as an association of lawyers practising in the Supreme Court of India. In 2015, it completes its 65th year of existence..During these six decades, the SCBA has been witness to the ups and downs of the highest Constitutional court of the country. It has been a buffer in the tumultuous relationship between the Bench and the Bar. It was also many times an epitome of extremes. While it has fought for the cause of the Bar every now and then with its members rallying behind it, the SCBA has also witnessed intense and unpleasant infighting not befitting a mature Bar Association..From opposing the first amendment to the Constitution and the move to combine the office of the Law Minister and Attorney General in 1951, the SCBA had to witness and condemn the compromising of judicial independence in the 70s. Appointment of Justice AN Ray as the Chief Justice of India in supersession of three senior judges met with protest from the apex Bar which observed May 3 as Bar Solidarity Day and called upon all Bar Associations in India to abstain from court work..In 1979, the SCBA under the leadership of Dr. LM Singhvi declared November 26 as National Law Day to mark the anniversary of the adoption of the Constitution of India..MC Setalvad, who was also India’s first and longest serving Attorney General, was the first President of the SCBA with KM Munshi serving as the first Secretary. Setalvad adorned the post of the President from its inception till the year 1968, making him the longest serving President of the SCBA. Many other prominent lawyers including MC Chagla, AK Sen, LM Singhvi, CK Daphtary, KK Venugopal, Ram Jethmalani, PP Rao and Kapil Sibal have also served as the SCBA President..The following lawyers have held the post of President of the SCBA the maximum number of times:.The 2010 “Maladministration – Election” episode.The SCBA and the politics surrounding it have many times been a cause of intense drama. Though indicative of a vibrant Bar, it has also many times led to unpleasant situations..One such incident occurred in 2010, when the then Secretary, Pareena Swaroop was accused of financial irregularities and maladministration. A meeting called to discuss the issue was disrupted by the members with loud slogans and squabbling. Senior Advocate MN Krishnamani, then President of the SCBA, remarked that,.“We cannot conduct meetings in this atmosphere. Justices Sanyal and HL Aggarwal who were presiding over the meeting remarked that they would need orthopedic and cardiac specialists to attend the meetings.”.Subsequently, the Executive Committee was dissolved and a three member interim committee comprising Senior Advocates KK Venugopal, PP Rao and PH Parekh then took over the functioning of the SCBA. There was more drama and chaos in store, as a group of Non – Advocates on Record later appointed Senior Advocate Ram Jethmalani as the SCBA President because Jethmalani agreed to argue their case for scrapping the AoR system. Subsequently, when Jethmalani realised that the appointment was not made by the “real SCBA”, he vacated the chair..Most interestingly, in the elections held a month later, Jethmalani contested for and won the post of the President. That would be the first and the last time he would adorn that chair till date..Library, fighting for a cause and unresolved issues.The SCBA is always in the news – for reasons right and wrong. This year, one of the most unsavoury episodes occurred when it had a face off with Senior Advocate Abhishek Manu Singhvi over the naming of “Library no. 2” of the Supreme Court..The library had been named in the honour of Dr. LM Singhvi, father of AM Singhvi, in 2008 when AM Singhvi had also donated Rs. 20 lakh for the library. In 2014, the SCBA made a fresh demand of Rs. 20 lakh. Singhvi agreed to pay it subject to certain conditions which did not go down well with SCBA. The SCBA, therefore, decided to rename the library in honour of Awadh Behari Rohatgi, father of Attorney General Mukul Rohatgi, who donated Rs. 25 lac towards the library..The entire episode caused embarrassment to those involved and was later settled amicably after both Rohatgi and Singhvi made a joint proposal that no names would be attached to the library and it would simply be called “Supreme Court Library No. 2”..Aside from the controversies the SCBA was also in the limelight this year for taking up some major issues affecting the Supreme Court Bar. The most significant of those was the opposition to the newly drafted Supreme Court Rules, 2013 which were allegedly drafted and approved without consulting the Bar. After initially registering its protest with the CJI, the SCBA filed a writ petition which is currently pending before the Supreme Court. Meanwhile, the Supreme Court deferred the implementation of certain provisions of the Rules to which the SCBA had objected..Two other important issues which the SCBA has taken upon itself continue to persist – parking in Supreme Court and chambers for lawyers. With regard to the latter, construction is progressing at the Appu Ghar plot albeit at a snail’s pace..As regards the parking problem, a solution might soon be worked out thanks to a writ petition in the Supreme Court in which a Bench presided by Justice Gopala Gowda has issued directions to NDMC and ITPO to ensure that the parking woes are addressed..The SCBA was also at the forefront of organising debates and discussions on the Collegium system and in calling for its replacement..Witnessing the elections.The annual elections to elect the Executive Committee of the SCBA, which are held in December every year, heat up the otherwise chilly and depressing winter in the Supreme Court..A very significant development with respect to SCBA elections this year is the passage of the ‘four year maximum’ rule. After the passage of this new Rule, no person can now hold an SCBA post for more than four years..A major issue which has always been a subject matter of controversy is the SCBA voters list. Since only members who appear regularly in the Supreme Court are entitled to vote, a large number of members do not get to vote in the elections. This had created much controversy in 2012. The SCBA had gone to the extent of expelling of three Senior lawyers – Senior Advocates KK Venugopal, PP Rao and Ranjit Kumar, as these lawyers were in charge of implementing the Supreme Court judgment mandating regular appearance as an eligibility to vote. The SCBA resolution expelling them was subsequently scrapped by the Supreme Court. .The election fever seems to have caught up with the lawyers this year too. While detractors allege that the SCBA elections have lost its sheen and that breaking into the administrative body of the Supreme Court Bar is not as privileged as it used to be, the enthusiasm in the campaigning still holds..The election mania has spilled into the social media as well, with an anonymous twitter handle (@ElectionWitness) exclusively dedicated to SCBA election gossip, operating this year. Thanks to @ElectionWitness, some of the insider gossip is now out in public. In a seemingly endless harangue against the SCBA elections, @ElectionWitness tweets that distribution of blankets, cocktail party and free lunches are means to garner votes and money is what matters to win votes. There was also a rant against the “Ruling Party Lawyers” for “heavily backing one of their own to the post of President.”.This time around there are eight candidates in the race for the post of the President. They are.1. Adish Aggarwala.2. Alam Md Izhar.3. Dushyant Dave.4. Vijay Hansaria.5. Priya Hingorani.6. Rakesh Kumar Khanna.7. Hari Oum Sharma.8. Rupinder Singh Suri.Six candidates are contesting for the post of Secretary:.1. Aishwarya Bhati.2. Bina Madhavan.3. Anil Kumar Hooda.4. Anjani Kumar Jha.5. Holiyappa Kanna Naik.6. Surjendra Singh Nehra.The elections will be held on December 17, a day before the Supreme Court closes for winter vacation and the results will be declared that evening. In the meantime, it is winter election frenzy..Read the list of past Presidents and Secretaries of SCBA below.