The Importance Of Kapil Sibal's Win As SCBA President

Senior Advocate Kapil Sibal's election as the President of the Supreme Court Bar Association holds significant importance, particularly in the current context. His victory comes at a crucial time when the Bar was much in the need for a leader who upholds Constitutional values. It might be a historic coincidence that Sibal's victory in the SCBA elections came a day after his win in the Prabir Purkayastha case, where he successfully defended civil liberties against draconian police powers. The overwhelming support of the Supreme Court Bar to Sibal, an avowed human rights defender and a zealous advocate of liberal and secular values, is reassuring when the country is going through testing times.

It must be noted that the SCBA elections took place in a deeply polarized atmosphere. Votes were sought for a rival candidate by one section in the name of “defeating secular forces”. When secularism is a basic feature of the Constitution, the appeal for votes for “defeating secular forces” is actually an appeal against the Constitution. The victory of such a campaign would have been the defeat of the Constitution actually. Sibal's victory, therefore, can be seen as a triumph over such anti-Constitutional sentiments.

The dignity of the SCBA President's post had been tarnished by the conduct of the previous President, Senior Advocate Adish C Aggarwala. His letter to the CJI seeking suo motu action against the protesting farmers was widely slammed by the members of the bar who criticized him for his unilateral move which abused the official position without consultation with the members. Eyebrows were raised again when Aggarwala wrote to the President of India, seeking a reference against the Electoral Bonds judgment, saying that the disclosure of data would affect corporate donors. He also tried to intervene in the matter seeking suo motu review of the judgment. Rebuking Aggarwala in open court, CJI Chandrachud said in the proceedings which were live streamed : “Dr Aggarwala, apart from being a senior advocate, you are the president of the Supreme Court Bar Association. You have written a letter to me asking me to invoke my suo motu jurisdiction. You have no locus. These are all publicity-oriented. We will not permit it. Please keep it at that, otherwise I will have to say something distasteful”. It is doubtful if the post of SCBA President has suffered such a terrible public humiliation ever in history.

Given this context, Sibal's victory is crucial for restoring the prestige of the SCBA President's position. His proven track record of professional excellence, legal acumen and commitment to the rule of law makes him a suitable candidate to regain the respect of both the bar and the bench.

The significance of the SCBA as the Bar Association of the Apex Court of India cannot be overstated. The post of SCBA President carries considerable weight, as the President is seen as an important voice in the national legal landscape.

Whenever the judiciary's independence is under threat and there are attempts to undermine the Constitution, the country looks to the bar for the first waves of resistance. Whenever the judiciary fails to uphold its role as the guardian of the Constitution, the bar is expected to be the first to voice criticism. Therefore, if the bar is led by individuals who align themselves with the establishment, it would deprive the judiciary and the Constitution of an essential first line of defence against authoritarian forces.

Sibal's victory assures that the independence of the bar is in capable hands. Known for his courage in criticizing the establishment, he has fearlessly spoken out against the failings of the judiciary. At one point, he even went to the extent of saying that there is no hope left in the Supreme Court. He has told the judges in their faces that the people's confidence in the system was eroding. These were genuine expressions of anguish at the repeated failings of the judiciary to guard citizens' rights. Sibal has also taken on unpopular cases, representing individuals like Zahira Sheikh, Teesta Setalvad, Siddique Kappan and Prabir Purkayastha, who faced persecution from the establishment. In matters of substantial importance such as the Maharashtra-Shiv Sena rift case, Electoral Bonds, Article 370, hijab ban, Aligarh Muslim Univeristy minority status, PMLA review, Sibal raised significant arguments. Despite his criticism of the judiciary, he has consistently defended it against governmental attempts to exert control. "I have a lot of concerns about the way that the collegium system works but I am more concerned about the fact that the government wants to capture the appointment of judges as well and have their own people there as well with their particular ideology. Between the two, any day I would prefer the collegium system,” he once said in a public interview. 

Ahead of the SCBA elections, Sibal told LiveLaw in an interview that his decision to run for the President post, after a gap of 23 years, was motivated by his desire to do something “not just for the bar but also for the country. Apart from attending to the practical problems faced by the SC advocates, the SCBA President has a greater role to play - to inspire the bar to act as a defender of judicial independence and Constitutional values. It is evident that Sibal recognizes this significant responsibility. We can hope that he lives up to the expectations placed upon him.