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While issuing notice on a plea seeking 30 percent representation of women in the Bar Council of India, the Supreme Court today expressed that it was looking forward to a voluntary resolution from the BCI itself. 

"We are eagerly looking forward that a resolution will come from them (BCI) resolving that," Chief Justice of India Surya Kant said.

Noting that 30% women's representation has been implemented in the State Bar Councils following the directions of the Supreme Court, the CJI said that BCI is also expected to reflect it, being the apex body. "It can't happen that in State Assembly, there is a woman Member, but in Parliament there is none," the CJI commented in a lighter vein.

Senior Advocate Shobha Gupta, for the applicant-Advocate Yogmaya MG, submitted that the post of BCI Chairperson be earmarked for a woman this time (when the BCI elected body is reconstituted). 

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with the application filed by Yogamaya MG in the case concerning elections to the State Bar Councils. 

Besides 30% reservation, the application seeks directions for the expeditious reconstitution of the BCI and for ensuring gender-inclusive governance of the apex regulatory body. The applicant contends that the gender-representation reforms directed by the Court for State Bar Councils should be extended to the apex statutory body governing the legal profession (BCI). 

During the hearing, Gupta urged that BCI should get its first woman Chairperson this year when the elected body is reconstituted. "This time, [it should fall form the top]... let there be first woman Chairperson of BCI. Most of the problem would be solved...Let there be a woman Judge nominated...Bar Council [of India] should set that example. There should be a Chairperson,who is a woman, to begin with. Maybe for 2 years, 1 year, 1.5 years...then by rotation a man can take the charge", she submitted.

The senior counsel further highlighted the prayer for earmarking of the posts of Secretary and Treasurer for women in the BCI and all State Bar Councils (as a beginning step). On the CJI's remark that the court was expecting a resolution from the BCI to resolve the issue, she said that that had been the court's expectation since the beginning of the matter. 

Senior Advocate Sanjay Hegde quoted former United Kingdom PM Margaret Thatcher who said that when she wanted a speech, she would go to a man, but when she wanted to get work done, she'd go to a woman. 

In response to the submissions, CJI Kant said that progress in terms of women representation (in State Bar Councils and Bar Associations) was owed to the cooperation and support of all stakeholders. He expressed confidence that the BCI would follow a similar course. "We are quite confident that BCI also...the newly elected members will ensure that there is a woman..." CJI said. 

Notably, Gupta also expressed hope and wish that former Punjab and Haryana High Court judge-Justice Jaishree Thakur, who has been co-opted as member of the Punjab and Haryana Bar Council, becomes the first woman BCI Chairperson. "[She is] One of the strongest possible person...", Gupta remarked. 

During the hearing, an objection was also raised against co-option of Justice Thakur on the ground that she had earlier served as the Returning Officer for the State Bar Council elections and that election petitions arising from the electoral process are pending before an Election Tribunal headed by former Supreme Court judge Justice Hima Kohli. However, the CJI bench straightaway rejected it. CJI called Justice Thakur one of the finest and strongest judges. "What's wrong with you people? They are so happy that she is there. People are afraid of her", he said.

Senior Advocate Guru Krishna Kumar appeared for BCI. Yogamaya MG's application has been filed through AoR Deepak Prakash.

Background

The applicant relies on the Supreme Court's August 4, 2026 order, under which the Court directed that women should have a minimum 30% representation in every State Bar Council comprising 20% seats through direct election and 10% through co-option. 

Under the mechanism laid down by the Court, 2 women are to be co-opted to each State Bar Council by the Chief Justice of the jurisdictional High Court, after consultation with the elected members. The eligible categories include former women High Court judges and senior women members of the Bar.

The application argues that the reform could remain confined to the State level because of the manner in which the BCI is constituted under Section 4(1) of the Advocates Act, 1961. The provision provides for the Attorney General for India and Solicitor General of India as ex-officio members, along with one member elected by each State Bar Council from amongst its members.

The applicant points out that since each State Bar Council sends only one elected representative to the BCI, the 30% representation achieved at the State level would not automatically translate into 30% representation in the BCI. It states that, as a result, the BCI could potentially have no elected woman member, or only one or two women members, despite every State Bar Council having 30% women representation. It therefore seeks an interim constitutional mechanism to carry the representation achieved at the State level into the BCI.

As one possible mechanism, the applicant has proposed that 30% of the BCI's members could be women nominated from different State Bar Councils on a rotational basis, with one set of State Bar Councils sending women representatives initially and another set replacing them after two years.

The plea has also sought directions concerning the leadership of the BCI. It proposes that, as a transitional measure, the office of Chairperson of the Bar Council of India be reserved for a woman, preferably a retired woman High Court judge or a distinguished woman advocate. It further seeks reservation of the offices of Secretary and Treasurer of the BCI for women for two consecutive terms. Similar directions have been sought for the offices of Secretary and Treasurer in the State Bar Councils.

The plea also refers to the Supreme Court's September 2, 2026 order, under which the newly constituted State Bar Councils are to elect their office bearers and one member from among their members for nomination to the BCI under Section 4(1)(c) of the Advocates Act. The applicant has urged the Supreme Court to ensure that the forthcoming reconstitution of the BCI is carried out in a time-bound manner and in a way that gives effect to the gender-representation principles already applied to State Bar Councils.

Case: YOGAMAYA M.G. Versus UNION OF INDIA AND ORS., Misc. Application in WP(C) No. 581/2024 

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