SC Mandates 30% Quota for Women in State Bar Councils, 20% to be filled by Election and 10% by Co-option[ Read Order]
The Court laid down that a minimum of 20% of the seats must be filled through the direct election of women candidates and the remaining 10% of the quota will be filled through co-option.
In a landmark judgment addressing the severe gender imbalance in legal governance, the Supreme Court of India has mandated a 30% reservation for women advocates in State Bar Councils across the country where elections are yet to be notified.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order in petitions filed by Yogamaya MG and Shehla Chaudhary seeking women's reservation in Bar Councils.
Step by Step Handbook for Filing GST Appeals, Click Here
“In so far as the remaining Bar Councils, it is directed that 30% seats shall be represented by the women members of the bar association, out of 20% shall be filled by way of election and 10% by way of co-option. A proposal regarding co-option shall be placed before this Court. Wherever the women members of the bar are reluctant to come forward to contest the 20% seats, the process of co-option in such bar councils will also be undertaken so that eventually women get 30% representation," the Court observed in the order.
The Court laid down that a minimum of 20% of the seats must be filled through the direct election of women candidates. The remaining 10% of the quota will be filled through co-option (nomination), particularly in councils where the number of women advocates coming forward to contest elections is inadequate.
The Bench directed the Bar Council of India(BCI) to ensure that the total women's representation in every State Bar Council ultimately reaches the 30% mark. The directive stems from petitions filed by advocates Yogamaya M.G. and Shehla Chaudhary, which highlighted the stark underrepresentation of women in the statutory bodies that govern the legal profession.
While the BCI, through its Chairman, Senior Advocate Manan Kumar Mishra, supported the principle of 30% reservation, the court restricted the immediate co-option limit to 10%, ensuring a majority of the reserved seats are filled through the democratic process of election.
The Court clarified that for the six State Bar Councils where elections had already been notified, the mandatory reservation would not immediately disrupt the ongoing process. Instead, the Court appealed directly to voters and women candidates in these states to make an active endeavor to ensure "adequate representation" through the ballot box.
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
