'20% by Election, 10% by Co-Option, yet Women still lose Seats they Won': SC sends Bar Council quota issue to Justice Dhulia Panel

On Monday, in a crucial development impacting bar body elections nationwide, the Supreme Court flagged ambiguity in the implementation of the 10% women’s co-option quota in State Bar Councils and referred the issue to the Committee, led by Justice Sudhanshu Dhulia. 

The controversy surfaced during ongoing proceedings examining the implementation of the Court’s directions on women’s representation in State Bar Councils, where it was pointed out that the framework was being unevenly applied. Although 20% seats were earmarked to be filled through elections and an additional 10% through co-option, uncertainty persisted over how this co-option quota should be executed in practice.

The issue became particularly evident in States like Telangana and Andhra Pradesh, where women candidates who had secured more votes than several male counterparts were still excluded due to the rigid structure of reservations. During the hearing, multiple approaches were debated, including prioritising the highest-polling unsuccessful women candidates, granting discretion to State Bar Councils, or assigning the role to independent committees.

The Bench, led by the Chief Justice of India, acknowledged that the lack of clarity in the co-option mechanism had triggered avoidable complications, observing that there was evident “ambiguity regarding the mode and manner of exercising the 10% co-option.” Noting that the Justice Sudhanshu Dhulia Committee was already supervising the election process, the Court deemed it appropriate to entrust the issue to the same body. It directed the committee to evolve a clear, transparent, and objective framework after consulting all stakeholders, including the Bar Council of India, State Bar Councils, and affected candidates.

The matter now awaits the committee’s final determination.

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