SC reserves key SCAORA posts for women lawyers in upcoming polls
The Supreme Court on Monday reserved the posts of secretary, joint treasurer and two executive positions for women lawyers in the upcoming elections of the Supreme Court Advocates-On-Record Association (SCAORA).
The top court invoked Article 142 of the Constitution to pass the order. This provision empowers the apex court to pass any decree or order necessary to provide “complete justice” in any pending case.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by advocate-on-record Vivya Nagpal. The plea sought the court’s direction to mandate at least 33 per cent reservation for women in the executive body of the SCAORA and use its power under Article 142 of the Constitution to allow the petition. It also challenged an election notice issued on April 8 for the 2026-2028 term of the association and contended that it provides no reservation for women candidates.
The petitioner had sought to quash the notification for lacking such reservation, arguing it violated fundamental rights under Articles 14, 15 and 21 of the Constitution and perpetuates systemic exclusion of women from leadership roles in the body.
According to the plea, the association, comprising around 3,000 advocates-on-record who have exclusive rights to file and act in cases before the apex court, has historically seen negligible representation of women in office-bearer positions, with the current executive committee being all-male.
Seeking urgent relief, the petitioner also filed an application for an interim stay on the election process or, alternatively, a direction to conduct elections with 33 per cent reservation for women across executive and office-bearer posts.
The top court, in December 2023, had ordered that 30 per cent representation in State bar councils be provided to women lawyers.
To address contingencies where an insufficient number of women are elected, the bench had allowed for a “co-option” mechanism to fill up to 10 per cent of those seats.
