The Supreme Court made it clear that it anticipates the Bar Council of India (BCI) to move toward ensuring no less than 30% representation for women in State Bar Councils, while hearing petitions demanding mandatory gender-based reservation in these statutory bodies. The Bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, stressed that meaningful participation of women within the legal profession must translate into visible representation in electoral bodies governing the bar.
The matter arose from a set of petitions by Yogamaya M.G. and Shehla Chaudhary seeking reservation of one-third seats in all State Bar Councils across the country, along with at least one women-held office-bearer post in rotation. In response, Senior Advocate Gurukumar, appearing for the BCI, submitted that reservation could only be implemented through amendments to the Advocates Act, and that ongoing elections in several states would make immediate compliance challenging.
The Court, however, was of the view that statutory interpretation itself could be used to operationalize women’s representation. The CJI remarked that the BCI must read its own rules in a way that guarantees minimum 30% reservation for women candidates in State Bar Councils and extend similar representation to designated posts within Council leadership. Calling for decisive action, the Court noted that hesitation predicated on the assumption that fewer women would contest elections was misplaced, observing that professional intent within the legal community reflects otherwise.
Referring to a recent workshop held by the Supreme Court Bar Association, the CJI pointed out that empirical responses reflect strong leadership aspirations among women lawyers. “Eighty-three percent of women expressed willingness to become members of the SCBA,” the Court noted, countering the apprehension regarding participation levels.
The hearing also witnessed discussion on gradual institutional reform, with the BCI relying on Justice Ruth Bader Ginsburg’s principle that change often evolves over time. Responding firmly, the Court stated that judicial oversight in this matter would operate continuously, almost as a living mandamus, to ensure that women’s reservation is not reduced to a deferred ideal. The Bench directed the BCI to issue a concrete notification, seeking visible steps toward compliance.
Notably, the petition draws support from the Apex Court’s own order dated 2 May 2024, directing one-third reservation for women in the Executive Committee of the Supreme Court Bar Association, including one mandatory office-bearer position.
The Court will continue monitoring progress, marking a significant step toward institutional gender representation in legal administrative bodies across India.
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