We Expect BCI To Ensure 30% Women's Reservation In Bar Councils : Supreme Court
The Court asked the BCI to come with a notification by next Monday.
The Supreme Court on Thursday indicated that it expects the Bar Council of India (BCI) to ensure 30% reservation for women in the upcoming elections to State Bar Councils, as it heard petitions seeking mandatory women's representation in these bodies.
The Court took up the matter on a mentioning by Senior Advocate Shobha Gupta for the petitioner Yogamaya.
During the hearing, Senior Advocate Gurukumar, appearing for the BCI, said that implementing such reservation would require amendments to the Advocates Act and that several State Bar Council election processes had already commenced, making immediate changes difficult.
The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi however, observed that the BCI must interpret its rules in a manner that secures at least 30% representation for women in State Bar Councils and extends such representation to certain posts of office bearers as well.
“We expect that the BCI will construe the rules in such a manner that it will ensure 30% reservation in State Bar Councils; such a position should also be available for some posts of office bearers,” the CJI said.
When the BCI expressed uncertainty over whether sufficient numbers of women lawyers would contest, the CJI countered with insights from a workshop held the previous day by the Supreme Court Bar Association based on a survey among women lawyers. “You were not there in yesterday's workshop. 83% of the women want to be members in the SCBA,” he said, pointing to the strong aspirations among women in the legal profession.
Gurukumar also invoked Justice Ruth Bader Ginsburg's views on gradual institutional change, stating that reform often requires the “endurance of time.” The CJI responded that the Court's oversight in this matter would function as a continuous mandamus, ensuring that progressive measures are carried forward.
“We will resolve issues as they arise. You come out with a notification on Monday,” the CJI told the BCI, signalling the Court's intention to monitor concrete steps toward implementing women's reservation.
In the order, the Court observed as follows :
"Keeping in view the constitutional ethos, the recent legislative initiatives and the orders passed by this Court from time to time, we expect that the Bar Council of India will construe the existing Rules/framework in such a manner as to ensure that 30% seats in each State Bar Council are occupied by women members. It goes without saying that such an initiative shall also include some of the posts of the office bearers.
Let the complete details be furnished by the Bar Council of India on 08.12.2025.
It is clarified that the relevant Rules shall be deemed to have been amended providing making a provision for such reservation."
The Court was hearing the petitions filed by Yogamaya MG seeking reservation of one-third of seats for women in all State Bar Councils across India, including at least one office-bearer post on a rotational basis.
The plea relies on the Supreme Court's order dated May 2, 2024, wherein the Court directed that one-third of seats in the Executive Committee of the Supreme Court Bar Association (SCBA), including one office-bearer post, be reserved for women.
Case : Yogamaya MG V/s. UOI | WP C No. 581/ 2024