New SCBA President Supports Centre’s Stance on Same-Sex Marriage, Criticizes Westernization and Judicial Role in Making Laws

In a recent interview, the newly elected President of the Supreme Court Bar Association (SCBA), Senior Advocate Adish C Aggarwala, expressed his disagreement with the previous committee’s condemnation of the Bar Council of India’s statement opposing the hearing of same-sex marriage by the Supreme Court.

During the interview, Dr. Aggarwala stated that India is not America or Europe and emphasized the importance of preserving the ancient system in Indian society, cautioning against the dangers of westernization. He further emphasized that the role of the judiciary is limited to striking down laws and not creating them, aligning himself with the government’s position on the issue of same-sex marriage.

The Bar Council of India had previously raised concerns about the long-term societal impact of same-sex marriage and called for the issue to be left for legislative consideration. The Coordination Committee of All District Bar Associations of Delhi also urged the Supreme Court to refrain from adjudicating on the matter, arguing that it should be addressed through legislative channels rather than judicial interpretations.

Reflecting on his election victory, Dr. Aggarwala highlighted the exhaustion among SCBA members with “big lawyers” who make lofty promises and offer large donations solely for personal gain, such as increasing their fees and caseload. He emphasized his commitment to delivering on promises and attributed his win to the support of ordinary lawyers.

During the interview, Dr. Aggarwala criticized the previous SCBA President, Senior Advocate Vikas Singh, for his handling of the issue concerning the allotment of land for construction of lawyers’ chambers. He expressed the view that filing a writ petition, which was subsequently dismissed by the Supreme Court, was unnecessary, suggesting that the matter could have been resolved at a personal level instead.

Dr. Aggarwala also commented on the exchange between Vikas Singh and Chief Justice DY Chandrachud regarding the land allotment issue, describing it as a regrettable moment for the legal profession. However, he understood the Chief Justice’s position and emphasized the futility of achieving anything through confrontations and threats.

The new SCBA President also addressed the SCBA’s demand for the elevation of its members as judges of High Courts during the interview.

Dr. Aggarwala, a distinguished author, holds multiple significant positions including the President of the International Council of Jurists and Chairman of the India Legal Information Institute. He has authored books on the Constitution of India and Narendra Modi.

 

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