Bar Council Elections: BCI Seeks Supreme Court's Permission To Co-opt Women Candidates Who Were Eliminated At Last

The Bar Council of India has filed an application in the Supreme Court seeking approval for the proposal on 10% women's representation in State Bar Councils (beyond the 20% elected women members) through co-option of the highest-polling women candidates in the state bar council elections. 

The BCI has proposed that the women candidates who narrowly missed election in the State Bar Council polls be co-opted against the 10% quota earmarked for co-option, instead of making fresh subjective selections.

The BCI has souhgt Court's permission to co-opt those women candidates "who were eliminated at last i.e. where 25 members are to be elected then those who remained on 6th & 7th position: And where 20 members are to be elected, those who remained at 5th and 6th position; And where 15 members are to be elected, those who remained at 4th position be co-opted by the Bar Council of India"

The BCI argued that this method would be consistent with the democratic scheme under the Advocates Act, 1961, since the co-option would be based on votes already cast by the electorate.

“It would be fair, objective, transparent and least susceptible to arbitrariness,” the application states, adding that the process would avoid allegations of favouritism, discrimination, or subjective selection.

According to the BCI, linking co-option to actual votes polled by women candidates would ensure that the process remains connected to the democratic choice expressed by advocates while advancing the larger objective of improving women's representation in State Bar Councils.

The application states that the same proposal has also been placed before the Supreme Court's supervisory committee overseeing the process.

The BCI has sought a direction from the Court approving this mechanism for co-option of women candidates.

Notably, the Supreme Court had on April 13–in the matter relating to 30% women's reservation in the State Bar Council elections–requested the High-Powered Supervisory Committee headed by Justice (retired) Sudhanshu Dhulia to decide the manner in which 10% co-option of women candidates is to be carried out. In December last year, the Supreme Court had directed that the Bar Councils must ensure 30% women's reservation. To address the contingency of inadequate women candidates competing, the Court had clarified that 10% of those positions can be filled up by way of co-option.

Pursuant thereto, the BCI has stated that, as per the approach mentioned in the April 13 order, co-option is to be made from among the contesting women candidates who secured the highest number of votes but could not be declared elected within the contemplated 20 per cent representation for women.

The Bar body has said that it considers this approach as fair, objective, transparent and least susceptible to arbitrariness, since it is founded upon the mandate already expressed by the advocate electorate during the election process. Such a mechanism respects the democratic will of the Bar, while simultaneously advancing the noble constitutional and institutional objective of securing adequate representation of women in State Bar Councils, the BCI has said.

In a press note issued on Wednesday (May 20), the BCI said that it has endorsed the option (a) proposed in the Supreme Court's order of April 13, which is as follows :

(a) the co-option should be from amongst the contesting women candidates who have secured the highest votes, though they could not be elected within the initial 20% representation; 

Case : M Vardhan v. Union of India | WP(c) 1319 OF 2023