SC orders 30% seats for women in bar councils

The Supreme Court on Monday directed that 30 per cent seats in State Bar councils, where the election process has not been set in motion, be kept for women advocates.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said for the current year, the State Bar councils where elections are yet to be held should fill 20 per cent seats with women candidates and 10 per cent by co-option if there are not many desirous lawyers to contest.

The top court directed that a proposal for co-option shall be placed before the court in regard to the State Bar councils where the number of contesting women lawyers are inadequate.

At the outset, senior advocate Manan Kumar Mishra, who is also the chairperson of the Bar Council of India (BCI), informed the bench that the election process, as per the court’s earlier direction, has commenced in six Bar bodies with the notification of the poll.

He submitted that the BCI, in principle, is of the view that there should be at least 30 per cent women’s reservation in the State Bar councils, and suggested that for the present year, the councils should be permitted to fill up the posts by co-opting women candidates. 

He also proposed that 15 per cent of seats be filled by way of co-option of women members.

However, the bench said it would be appropriate if co-option is restricted to only 10 per cent of seats.

The bench said it would not be prudent to reserve seats for women in the Bar councils, where the election process has already commenced.

It said in the Bar councils of Andhra Pradesh, Punjab and Haryana, Uttar Pradesh and Telangana, where elections have been notified, the women members who are contesting the polls shall contest with full spirit, and the voters shall also make endeavours to ensure that adequate representation is provided to female advocates in the councils.

It made a similar appeal to the voters of the Bar councils of Bihar and Chhattisgarh, where elections have been notified. For the remaining Bar councils, the bench said 30 per cent seats shall be represented by women advocates, out of which 20 per cent shall be by election and 10 per cent by co-option.

It said, “Wherever the women members of the Bar are reluctant to come forward and contest the 20 per cent seats, the process of co-option in such Bar councils shall be undertaken so that eventually women get 30 per cent representation in the executive council.”

The top court was hearing pleas filed by advocates Yogamaya M G and Shehla Chaudhary seeking reservation of one-third of seats for women in all State Bar councils.

Senior advocate Meenakshi Arora, appearing for the petitioners, said that a blanket order for 30 per cent women’s reservation across all state Bar councils may not be practical, as many states have very low percentages of practising women advocates.

On December 4, the top court asked the BCI to ensure 30 per cent reservation for women in the upcoming state Bar council elections. The pleas filed by Yogamaya and Chaudhary also sought that at least one office-bearer post be reserved for women lawyers on a rotational basis.

The pleas were filed relying upon the May 2, 2024, order of the top court, in which it was directed that one-third of seats in the executive committee of the Supreme Court Bar Association, including one office-bearer post, be reserved for women.