Why Kapil Sibal Is Contesting For SCBA President After 23 Years? [VIDEO]

Urvashi Chauhan

13 May 2024 5:12 AM GMT

  • Senior Advocate Kapil Sibal has recently filed his nomination to contest for the position of President of the Supreme Court Bar Association (SCBA) for the 2024-25 term. This decision marks a significant comeback for Sibal, who last held this position twenty-three years ago in 2001. In an exclusive conversation with LiveLaw, Sibal shed light on his motivations behind this decision and...

    Senior Advocate Kapil Sibal has recently filed his nomination to contest for the position of President of the Supreme Court Bar Association (SCBA) for the 2024-25 term. This decision marks a significant comeback for Sibal, who last held this position twenty-three years ago in 2001.

    In an exclusive conversation with LiveLaw, Sibal shed light on his motivations behind this decision and his vision for the future of the legal fraternity.

    Addressing his comeback, Sibal candidly shared his journey and the factors that propelled him back into the spotlight. He revealed that over the past three years, he had been approached by numerous lawyers from diverse backgrounds, expressing a shared desire for robust representation in the SCBA that safeguards the rule of law. He said, “Perhaps, it is my responsibility to come out of my comfort zone and do something not just for the bar but also for the country”.

    Reflecting on the years that have passed since his tenure as president of the SCBA, Sibal noted the transformative shifts in both the legal profession and the societal landscape. He emphasized the exponential growth of the legal sector, with an increasing number of individuals opting for law as their primary career choice, unlike in 1970s. He also highlighted the challenges faced by young professionals, including inadequate remuneration, lack of infrastructure, and systemic barriers, such as difficulty in accessing essential services like school admission and housing/tenancy. He underscored the pressing need for collective action to address these issues and advocated for a renewed focus on supporting young lawyers, irrespective of their backgrounds.

    Discussing the pivotal relationship between the bench and the bar for an empowered judicial system, Sibal provided valuable insights into the challenges faced by the legal fraternity and his vision for an ideal bar association. He said that the ideal bar association must uphold the values enshrined in its memorandum, particularly the promotion of the rule of law. While reading from the memorandum, he elaborated on the role played by rule of law in upholding constitutional values and ensuring accountability in governance. Sibal spoke about the fundamental duty of lawyers to uphold the rule of law, even in the face of conflicts with the government. He cautioned against cosy relationships between the bar association and any entity other than the rule of law itself, highlighting the importance of maintaining independence and integrity. He said, “When the bar association becomes cozy with the government, its basic objective is lost”.

    Furthermore, Sibal outlined key objectives of an ideal bar association, including the encouragement and protection of the legal profession, promotion of professional standards, and vigilance in monitoring the state of law and legislation. He stressed the significance of maintaining high standards of professionalism among members of the bar, emphasising the potential repercussions for young lawyers if such standards are not upheld. He said, “Every young man who wants to be a lawyer should maintain highest professional standards otherwise his future will be in jeopardy”.

    Additionally, Sibal emphasised the proactive role of the bar association in engaging with legislative processes. He called for a dynamic and assertive approach, where the association stands firmly even in the face of opposition or conflict with those in power. Sibal highlighted the importance of the association's voice in advocating for the rule of law and ensuring the development of just and equitable legislation and judicial decisions.

    In response to a common concern among lawyers regarding his accessibility given his busy schedule, the Senior Advocate provided a comprehensive explanation. He invited lawyers who practised during his presidency to attest to his accessibility, underscoring his commitment to being reachable and responsive to their needs.

    Furthermore, Sibal acknowledged his continued busyness in various endeavours, including politics, parliamentary duties, literary pursuits, and legal engagements. He recounted a typical day in his busy schedule, which includes attending court, conducting press conferences, and pursuing creative activities such as writing poems and lyrics for films. He spoke about the importance of intentions in managing time effectively, asserting that his dedication to public service and his commitments to the legal profession have always guided his actions.

    Sibal also articulated his plans to support and empower young members of the bar, particularly those from first-generation lawyer families. He stressed the importance of creating a robust support system within the legal community, independent of government intervention. He proposed the establishment of a dedicated corpus, funded through private contributions, to provide financial assistance to advocates in times of need, such as medical emergencies or unforeseen crises. Additionally, he called for the implementation of standardised stipends for young lawyers to ensure their financial stability and enable them to thrive in the profession.

    The SCBA elections are scheduled to take place on May 16.

    Watch the full interview here


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