[SCBA Elections 2024] If you divide the Bar based on political leanings, you are not fulfilling your duty as a lawyer: Kapil Sibal

In a move that surprised the legal fraternity, Senior Advocate Kapil Sibal recently threw his hat in the ring for the Supreme Court Bar Association (SCBA) President elections..The veteran lawyer and former Union Minister is contesting for the post after more than two decades. He last served as the President of the SCBA in 2001-02, and before that in 1995–1996 and 1997–1998..Bar & Bench's Debayan Roy caught up with Sibal to understand why he decided to join the race for SCBA President, how he aims to address the concerns of the Bar if elected, and more..Disclaimer: This interview was conducted on May 14. Since the model code of conduct came into force, candidates were estopped from campaigning with effect from 10 AM on May 15 till polling closed at 6:00 PM on May 16.Watch the Full Interview.Debayan Roy [DR]: Why did you decide to contest for the post of President this year?.Kapil Sibal [KS]: Quite frankly, this has been going on for the last three years or so. Members of the Bar - senior and junior - have been trying to persuade me; I have been resisting it because it is a lot of responsibility. But I understand there are huge challenges before the Bar now. New entrants at the Bar, the relationship between bar associations and the Registry, the way cases are being are listed at night, the way each court manages its list and how each case is heard - nobody knows about it until morning. There are challenges with respect to members of the Bar, the need for coordination between the Supreme Court Advocates-on-Record Association (SCAORA) and institutions like the SCBA, connectivity of bar associations in the country etc.The legal community used to be at the forefront of change and the national movement as well. We have lost that will to be at the mainstream of this country, that has changed..DR: How would you assess the roles of past SCBA Presidents?.KS: All of them who have been in this position have contributed to the Bar..DR: Last year we saw fissures in the SCBA where the President was writing letters to the Chief Justice of India about some cases and the association members were distancing themselves from it. How do you see that?.KS: You are asking a very important question. When you are practicing, the only ideas you should espouse are those embedded in our Constitution. Why are we lawyers? Governments come and go, and for every government decision, it can be challenged only when it exceeds the parameters of the law. Lawyers are meant to uphold the rule of law. The purpose of the lawyer is to protect the Constitution. All governments are in fact prone to making decisions that are in excess of their capacity, which is when the laws are challenged and lawyers are meant to stand up then. So if you divide the Bar based on political leanings, actually you are not fulfilling your duty as a lawyer. You may have a personal political philosophy, but that has nothing to do with your duty as a lawyer. I used to be with a political party, but we never espoused its cause in court.When we are challenging legislation based on the Constitution, these are the challenges in court that have nothing to do with ideology. The Bar must not associate the lawyer with one party because he is appearing for somebody; he is only taking their brief. For example, I would love to appear for those who do not have access to courts. I have done that, because money is irrelevant when people do not have the wherewithal and that has nothing to do with politics. So, if I represent a minority institution, I am doing it as a matter of law..DR: How have you seen the Bar evolve over the years?.KS: Things have radically changed because of the fact that many more members have entered the profession. Many are practicsing directly at the Supreme Court and there is nothing wrong with that.Many of them do not have chambers, or a place to stay in Delhi. They have to rent a place, have clerks - all of that requires money which not everyone has. If somebody falls sick in their family, where do they go? These issues impact everybody now, which was not so earlier. Young lawyers face huge issues, and there are no institutional mechanisms for that..DR: What do you wish to do for the Bar if elected as the President in these elections?.KS: It is not a question of what I wish to do. I will tell you what I have done in the past. The Bar did not have a drinking water facility, I had set up that. I organised a railway centre here to book tickets. The canteen downstairs, the RK Garg library, were set up by me. As and when issues arise, we do what we have to do. All these issues, be it medical insurance or housing, communication between the Bar and the Bench, upholding rules, issues of the Bar, we have to deal with them..DR: Are you confident of winning?.KS: I am not concerned about who will win or lose. What is important is that you stand there for the value system that is our Constitution. I hope whoever wins upholds the values we are here for..The polls to elect the Executive Committee of the SCBA, including the President, Vice President, Secretary and Treasurer, will be held on May 16.