If Bar Council Seats Are Increased, Women's Reservation Also Needs Proportionate Increase: Supreme Court Indicates

The Supreme Court on Friday orally observed that the Bar Council of India's decision to increase the number of seats in State Bar Councils after elections would also require proportionate implementation of the 30% reservation for women.

A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a batch of petitions concerning various issues arising out of State Bar Council elections.

During the hearing, it was highlighted that BCI had at its General Council meeting on July 19, resolved to increase the number of elected seats in State Bar Councils, after the elections had already concluded.

Counsel for the BCI submitted that she was aware of the development but had not seen the circular. Thus, she sought time to take instructions.

The Chief Justice responded that if the number of seats was increased, the requirement of women's reservation would also have to increase proportionately.

“Then you will have to again proportionately have 30% seats for women,” the CJI observed.

Accepting BCI's request for time, the Court said that it would hear the matter in the upcoming week.

The hearing comes just days after the BCI resolved to increase the number of seats in State Bar Councils to accommodate the Supreme Court-mandated 30% reservation for women advocates without displacing candidates already elected within the statutory strength.

The resolution, taken by the BCI General Council on July 19 and communicated on July 21, provides that the existing elected strength under Section 3(2)(b) of the Advocates Act, 1961, would remain unchanged and additional seats would be created, wherever necessary, to meet the reservation requirement. Returning Officers were also directed to revise and republish election results, where necessary, in accordance with the new mechanism. The proposal has been made subject to further consideration by the BCI and the Supreme Court.

The issue arises out of the Supreme Court's December 2025 directions in Yogamaya M.G. v. Union of India, under which the Court mandated that, in State Bar Councils where elections had not yet been notified, women advocates should have 30% representation. The Court directed that 20% of the seats be filled through election and the remaining 10% through co-option. At the same time, it excluded six State Bar Councils where the election process had already commenced from the immediate operation of the direction.

Case no. – W.P.(C) No. 1319/2023 Diary No. 45388 / 2023

Case Title – M. Varadhan v. Union of India

Advocate-on-Record Radhika Gautam for BCI.