Supreme Court Reserves Treasurer Post For Women In Bengaluru Advocates' Association; Suggests 30% Women Reservation In General Council
As an interim measure, for the purposes of Bengaluru Advocates' Association elections scheduled for February 2, 2025, the Supreme Court today directed that the post of Treasurer be exclusively earmarked for women candidates. It further said that the High-Powered Committee and the Chief Returning Officer may consider desirability of reserving atleast 30% of other Governing Council posts for...
As an interim measure, for the purposes of Bengaluru Advocates' Association elections scheduled for February 2, 2025, the Supreme Court today directed that the post of Treasurer be exclusively earmarked for women candidates. It further said that the High-Powered Committee and the Chief Returning Officer may consider desirability of reserving atleast 30% of other Governing Council posts for women lawyers, to ensure their adequate representation.
A bench of Justices Surya Kant and N Kotiswar Singh passed the order noting that the concerned Regulations do not expressly bar reservation of posts for women lawyers. The Court invoked its powers under Article 142 of the Constitution and issued directions similar to those passed in the case of Delhi High Court and District Bar Associations.
The order was dictated thus:
"We deem it appropriate to invoke our powers under Article 142 of Constitution and direct as follows - (i) the post of Treasurer shall be exclusively earmarked for women candidates.
(ii) for this purpose, the High Powered Committee and the Chief Returning Officer shall extend the date for inviting nominations and if so required, the date of election can also be deferred for a few days. However, such a decision shall be to the entire discretion of the HPC and the CRO.
(iii) The High Powered Committee and the Chief Returning Officer may also consider desirability of ensuring adequate representation to the women advocates in the Governing Council of Advocates' Association Bengaluru to ensure that atleast 30% elected members of GC are women candidates of 10 yrs or above practice."
After the order was dictated, petitioners' counsels, including Senior Advocate Lakshmy Iyengar, beseeched the Court to issue a clarification, as in the case of Delhi Bar Associations, that the age criteria (requiring 10 yrs or more experience) would not be considered. Pursuant to this, the bench said that the directions passed in Delhi Bar Associations' case shall apply mutatis mutandis to the case of Advocates' Association Bengaluru (AAB).
The instant petitions were filed after the Karnataka High Court, though supportive of reservation for women lawyers in the AAB, took a view that only the Supreme Court could pass the relevant order. The term of the AAB's Governing Council came to an end on December 19, 2024 and it remained unrepresented during today's proceedings.
Last year, the Court directed reservation of 3 posts for women lawyers in the (then upcoming) Delhi High Court Bar Association elections. It also directed that in District Bar Associations, the post of Treasurer plus 30% of other Executive Committee posts shall stand reserved for women lawyers (including those already reserved for women). Recently, the application of this order was extended to Delhi's NGT Bar Association, Tax Bar Association and Sales Tax Bar Association.
Case Title: KAVITHA. H.C. Versus THE STATE OF KARNATAKA AND ORS., SLP(C) No. 1910/2025 (and connected cases)