The Supreme Court Bar Association (SCBA) election campaigning has hotted up with Senior Advocate Kapil Sibal entering the fray in the last moment for the President’s post. Sibal’s main contender is Pradeep Rai, SCBA Vice-President for two terms and an active Senior Advocate known for his concern for members’ cause. Sibal, a Rajya Sabha MP from the Samajwadi Party, had filed his nomination on May 9, a mere seven days before the elections on May 16. The nomination of Sibal has triggered a debate whether a politician should contest and hold the presidentship of the SCBA.
Justice PV Shetty, former Lokayukta, Karnataka, told India Legal: “The President-elect should not make use of the position as the office-bearer of the association to improve his position. His political will should not find place in the association’s acitivity. It should be kept separate. One is elected as the President of the SCBA and one should not use the position to improve his political status.”
Justice PV Shetty
The SCBA’s mandate is to facilitate a constructive dialogue between the Bar and the Bench, nurturing an environment conducive to the administration of justice. However, partisanship can effectively mar any such interactive effort. A politician brings with himself a baggage of not only entrenched ideologies but vested interests too. He juggles two careers and two ambitions at a time. It opens up the SCBA or any organisation to become a tool of partisan motives, turning it into an impediment rather than a facilitator of legal discourse. This has potential to erode public trust in the judiciary and compromise the sanctity of law administration and justice.
Justice Sridhar Rao, former acting chief justice of Gauhati High Court, told India Legal: “Allowing a Member of Parliament or Member of Legislative Assembly to hold senior posts in the SCBA is not tenable. The association will then have the character of a political party. It will also affect the unity of the Bar.”
Justice Sridhar Rao
Accessibility is another crucial factor that underscores the unsuitability of politicians for leadership roles within professional bodies such as the SCBA. A politician’s hectic schedule, divided between political engagements and legal pursuits, leaves little room for meaningful engagement with the grassroots members of the Bar. A leader who is inaccessible to the common man cannot truly understand their concerns and represent their interests effectively.
Prof Suryaprakash, Vice Chancellor, National Law Institute University (NLIU), Bhopal, told India Legal: “Article 19 (i) (c) provides for freedom to form associations and unions. The SCBA has been formed not for political aggrandisement but for protection and promotion of advocates interests and rights; and to facilitate administration of justice. SCBA assists the highest court in justice delivery system, and is a part of justice delivery system. The Bar and the Bench go hand in hand. No politician should head the SCBA as it would make all political parties vie with each other to set up their own candidate and would thus make the association a political arena. Bar and Bench go hand in hand. No politician should head the SCBA. It should be headed only by legal professionals.”
Prof.(Dr.) S. Surya Prakash
Sibal was previously elected SCBA President three times, his last tenure was twenty-three years ago in 2001. Before that, he was President during the 1995-96 and 1997-98 terms. Kapil Sibal also served as the Additional Solicitor General of India during 1989–90.
Senior Advocate Pradeep Rai has over 25 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. During his two terms as Vice-President, SCBA, Rai has taken quite a few initiative to promote the interests of the SCBA members which includes mediation programs, members housing , health benefits for members, chamber allotment and cultural programs.
Incumbent SCBA President Senior Advocate Adish Aggarwala is standing for re-election. Apart from Sibal, Rai and Aggarwala, Senior Advocate Priya Hingorani, Advocates Neeraj Srivastava and Tripurari Ray are also in the fray.
The SCBA elections will be held on May 16 . Voters will choose the President, Vice-President, Secretary, and Treasurer. A debate will be held in the Supreme Court lawns between the candidates for the posts of President and Hony Secretary on May 15. Votes will be counted on May 18, Saturday.
At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.
The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).
Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.
The bodies of the deceased militants were subsequently recovered by local residents.
Residents appeal to armed groups to stop firing
Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.
They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.
Further details about the circumstances surrounding the clash were awaited.
Manipur government reviews security situation
In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.
The directive excluded groups engaged in peace talks with the state government.
The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.
He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.
The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.
He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.
Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years
The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.
The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.
Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.
The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.
What changes under the revised Agnipath scheme?
Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.
The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.
The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.
What happens after the additional two years?
According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.
Their selection will be based on objective criteria.
This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.
Why has the decision been taken now?
The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.
The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.
General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.
The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.
What was the original Agnipath arrangement?
Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.
The remaining 75% were to complete their engagement and transition to civilian life.
With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.
The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.
Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed
Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.
Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.
The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.
According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.
The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.
Objections raised against Hardeep Puri’s nomination
The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.
They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.
However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.
Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.
Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.
Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.
Why the Madhya Pradesh Rajya Sabha seat fell vacant
The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.
With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.
The final announcement is expected on November 5, the last day for withdrawal of nominations.
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