In a significant affirmation of democratic values, the Supreme Court on Friday articulated that while diverse ideologies are integral to a democracy, they must align with the constitutional framework. The statement came as the court declined to entertain a Public Interest Litigation (PIL) seeking to restrict members of political parties from contesting elections for bar associations.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, addressed the concerns raised by advocate Jaya Sukin, who argued through senior advocate Sirajuddin that allowing active political party members to contest could bias the electoral process within bar bodies. However, the justices emphasized the absence of any legal prohibition against such candidacies and rejected the idea of judicially crafting a new law to impose such a restriction.
Justice Surya Kant highlighted the historical contributions of figures like Ram Jethmalani, who actively participated in both the legal and political arenas, serving as the Bar Council of India chairperson and as a parliamentarian affiliated with various political parties. The justice praised Jethmalani’s multifaceted contributions, questioning the rationale behind excluding skilled individuals with political affiliations from bar leadership roles.
The court also resisted the petitioner’s push to sideline prominent legal figures with political ties, such as Kapil Sibal, current president of the Supreme Court Bar Association (SCBA), and Manan Kumar Mishra, a Rajya Sabha member and chairman of the Bar Council of India. “Bar bodies are a group of elite members of society. We don’t think that association with political parties will have any effect,” the bench noted, underscoring the compatibility of legal professionalism and political involvement.
