Supreme Court Dismisses Plea Banning Bar Members With Political Affiliations From Contesting Elections

Supreme Court of India dismissed a petition earlier on Friday which called for a ban on members of political parties from holding office in Bar Associations and Bar Councils. While dismissing the PIL, the top court observed that there is "nothing wrong" in having political ideology and holding positions in legal bodies.

The matter was heard by a bench comprising of Justice Surya Kant and Justice Ujjal Bhuya. The court observed that a democracy will always provide space for different beliefs.

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However, the court added that while maintaining different beliefs and political ideologies is allowed, those holding official positions in bar associations and councils must conform with the Constitution.

"In democracy, there is always scope for different ideologies but that should be in conformity with the Constitution. There is no law, which prohibits an active member of a political party to contest the election of bar bodies. You want us to enact a law. Sorry, it can't be done," said the bench.

Senior advocate Sirajuddin, appearing for PIL petitioner advocate Jaya Sukin, stated that if contesting candidates were allowed to be active members of political parties, they would push for their elections.

The bench, however, in turn named notable lawyers and advocates who are affiliated with political parties and have also made large contributions to the legal community.

"If an office-bearer of the Bar has a political ideology, what's wrong with that? You want to oust Mr Kapil Sibal as the president of SCBA (Supreme Court Bar Association)? You want to oust (Manan Kumar) Mishra (Rajya Sabha member from Bihar) as the chairman of the Bar Council of India?," the bench observed.

Justice Surya Kant also referred to the contributions of legal luminary Ram Jethmalani while noting the late stalwart held the post of Bar Council of India chairperson and served as the president of the SCBA.

"He was also in Parliament and was affiliated with different political parties. Do you want the country to be deprived of the views and contribution of these brilliant multi-talented persons? Bar bodies are a group of elite members of the society. We don’t think that association with political parties will have any effect," the bench said.

The Supreme Court's observation comes ahead of the Constitution debate in the Parliament for the ongoing winter session.

The constitution debate aims to commemorate the 75th year of its adoption. The debates are set to be held on December 13 and 14 in the Lok Sabha, and on December 16 and 17 in the Rajya Sabha.