SC seeks response on women lawyers in Govt panels

The Supreme Court on Wednesday sought responses from the Centre, all states and Union Territories on a PIL seeking 30 per cent quota for women lawyers in government panels and law officer positions.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of the submissions of senior advocate and Supreme Court Bar Association (SCBA) president Vikas Singh and issued notices to the Centre and others on the PIL filed by the Ladli Foundation Trust.

The PIL sought a direction to the Centre, state governments, and Public Sector Undertakings (PSUs) to implement a minimum 30 per cent quota for women across all legal tiers, from the Supreme Court panels to local legal aid authorities.

At the outset, Singh said the PIL has been filed following the survey conducted by the SCBA on status and representation of women lawyers in the legal profession.

“They needed to be included in government panels,” the senior lawyer said.

The CJI said on Tuesday some representatives of a Telangana bar body met him and he was pleasantly surprised to know that a woman lawyer has been appointed secretary there. 

“She was thanking me. I enquired about the total strength of the Bar .. it is 19,000. Around 8,000 (advocates) come regularly, out of which 2,000 are women. Now, only one woman member is appointed,” the CJI said.

Singh said the SCBA also proposes to file a separate PIL, keeping in mind difficulties being faced by women lawyers.

The plea refers to startling empirical evidence to say that while women are entering law schools in record numbers, they are systematically blocked from professional advancement.

“Ladli Foundation Trust is filing the present PIL under Article 32 of the Constitution seeking issuance of an appropriate writ, order or direction for a minimum of 30 per cent reservation/representation for women advocates in all governmental panels, including but not limited to the Supreme Court panels, high court panels, government law officer positions, legal aid panels and all Central and State Government/PSU empanelments, so as to secure effective enforcement of the fundamental rights guaranteed under Articles 14, 15(3), 19(1)(g) and 21 of the Constitution,” the plea said.

Citing the India Justice Report of 2022 and the SCBA survey, the plea said in over 75 years of independence, no woman has ever been appointed as Attorney General or Solicitor General of India.

“In the 35 years since Justice M Fathima Beevi became the first woman judge of the Supreme Court in 1989, only 11 women have ever been elevated to the Supreme Court of India.

Presently, women constitute approximately 5.88 per cent of judges in the Supreme Court and about 13.76 per cent of judges in the high courts, despite forming a much larger proportion of entry-level legal professionals,” it said.

The systemic exclusion of women from these panels is not merely an issue of professional inequity but a significant constitutional lapse that impedes the realisation of substantive equality, it said.

Government legal panels and law officer appointments constitute a critical component of the state’s legal representation before constitutional courts, tribunals and other judicial fora across the country, it said.

“These positions significantly influence the development of public law, constitutional interpretation, and the defence of governmental policies affecting millions of citizens. The process of empanelment to such positions is therefore expected to reflect the constitutional mandate of equality, fairness and inclusivity,” it said.

The Constitution is founded upon the principles of equality, justice and inclusive participation in public life, it said, adding while women increasingly enter law schools and the legal profession in significant numbers, their representation declines sharply in positions of professional authority.

“Statistical data indicates that out of approximately 1.54 million advocates enrolled across India, only about 284,507 are women, constituting approximately 15.31 percent of the legal workforce,” it said.

Besides all states and UTs, the plea has made the Ministry of Law and Justice and the Department of Public Enterprises as parties.

The plea also sought a direction to “frame and notify uniform guidelines for empanelment of advocates to government legal panels ensuring a minimum of 30 per cent representation for women advocates”.

It also sought a direction to review and modify existing empanelment policies of ministries, departments, statutory authorities and Public Sector Undertakings so as to incorporate gender-inclusive representation in government legal panels.