Different Beliefs Can Exist in Democracy, But They Must Follow the Constitution: Supreme Court.
The Supreme Court stated today that in a democracy, there is always room for various ideologies, but these must align with the Constitution. Justices Surya Kant and Ujjal Bhuyan made this comment while dismissing a public interest litigation (PIL) from an advocate who wanted the Centre and the Bar Council of India to ensure that candidates for bar elections are not members of political parties. The bench explained, “In a democracy, different ideologies are allowed as long as they follow the Constitution. There is no law preventing a political party member from running for bar elections. You are asking us to create a law, but that is not possible.”
Senior Advocate Sirajuddin, representing PIL petitioner Jaya Sukin, argued that allowing candidates to be active political party members could influence their election campaigns. However, the bench responded, “If a Bar office-holder has a political belief, what is the issue? Do you want to remove Mr. Kapil Sibal from the SCBA presidency? Do you want to remove (Manan Kumar) Mishra from the Bar Council of India?” Justice Surya Kant also mentioned the contributions of the late Ram Jethmalani, who was both the chairperson of the Bar Council of India and the president of the SCBA.
He was a member of Parliament and connected to various political parties. Should the country miss out on the insights and contributions of such talented individuals? Bar bodies consist of distinguished members of society. The bench emphasized that being linked to political parties should not matter. The Supreme Court also questioned how a person affiliated with a political party could be barred from running for a bar body when the law does not address this. “We think you should consider joining a political party for some experience,” Justice Kant joked. Noticing the Court’s tone, Sirajuddin requested to send the matter to the Law Commission, but the bench refused and allowed the petitioner to withdraw the request.
