India Supreme Court Rejects Challenge to Bar Association Resolution
The Supreme Court of India refused to overturn a Bar Association resolution supporting activist Sonam Wangchuk, calling the dispute an internal democratic matter.
The Supreme Court of India refused to entertain a writ petition filed by lawyer Ashish Gopal Garg challenging a resolution passed by the Supreme Court Bar Association (SCBA). The SCBA resolution expressed solidarity with activist Sonam Wangchuk, who undertook a hunger strike to highlight issues regarding the education system and NEET examinations, and criticized the government's lack of urgent response.
Garg argued that the SCBA Executive Committee lacked the authority to pass the resolution because it had become functus officio prior to elections. He contended that individual opinions should not be thrust upon the entire bar and that the resolution did not represent the collective will of the association.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, declined to intervene, asserting that the dispute was an internal matter. The court stated that interfering in the democratic process of a bar association would set a dangerous precedent. Chief Justice Kant directed the petitioner to seek remedies through the SCBA's own rules, such as calling a General Body Meeting or approaching the SCBA Election Committee.