Women Reservation : Supreme Court Creates Addl Posts In Advocates' Association Bengaluru; Clarifies 8 Yrs Experience Necessary

Invoking its power under Article 142 of the Constitution, the Supreme Court today modified its order reserving posts for women candidates in the elections of Advocates' Association Bengaluru (AAB) and ordered that additional posts of Vice-President and Governing Council members shall be deemed to have been created to accommodate those who had filed nominations by the time the order directing reservation was passed.A bench of Justices Surya Kant and N Kotiswar Singh passed the order on three applications seeking modification of order dated January 24, 2025 whereby as an interim measure, the post of Treasurer in AAB was directed to be exclusively earmarked for women candidates and the concerned High-Powered Committee and Chief Returning Officer asked to consider desirability of reserving atleast 30% of Governing Council posts for women.The applicants (male advocates) pointed out that some of them had already filed nominations for the post of Treasurer, when the Court passed its January 24 order. During the hearing, Senior Advocate Kapil Sibal (for intervenors/applicants) submitted that the AAB can contemplate one more post to enable shifting of male candidates in the race for Treasurer to the newly created post (or any other post).Accordingly, the Court passed its order that an additional post of Vice-President shall be deemed to have been created. Similarly, it ordered an increase in the strength of Councilor (Governing Council members) posts in AAB. The order was dictated thus,"Having regard to the fact that the order dated 24.01.2025 came to be passed only a few days before the scheduled date of election and meanwhile, the General Body of AAB won't have sufficient time to create additional posts, we deem it appropriate to invoke our powers under Article 142 of the Constitution and issue the following additional directions in continuation of the order dated 24.01.2025:(i) One more post of Vice-President (of AAB) shall be deemed to have been created in AAB for the purpose of ensuing elections;(ii) The male candidates who have filed nominations for the post of Treasurer (which has now been exclusively earmarked for women candidates) shall be granted one opportunity to switch their nominations from the post of Treasurer to the newly created post of Vice-President (of AAB) and/or any other post. It goes without saying that those who do not wish to contest would be at liberty to withdraw the nominations;(iii) Similarly, in light of the 30% posts of councilors exclusively earmarked for women candidates, the strength of councilors will stand increased as follows [...]"The High-Powered Committee and the Chief Returning Officer shall conduct the election accordingly, keeping in view the increased strength of office bearers and members of the Governing Council, the Court added.Notably, Senior Advocate Udaya Holla (for the High-Powered Committee) informed the Court that the concerned Regulations provide for eligibility criteria of 8 yrs. experience at the Bar to hold the post of Treasurer and/or a post in Governing Council. However, the Court has precluded the said cap by virtue of its order dated January 24.Taking note of the submission, the bench clarified the order dated January 24 and said that the eligibility criteria (8 years experience) shall be adhered to.BackgroundThe term of AAB's Governing Council came to an end on December 19, 2024. Initially, petitions seeking reservation for women candidates in AAB elections were filed before the Karnataka High Court. Though supportive of said reservation, the High Court was of the view that only the Supreme Court could pass the relevant order.Last year, the Supreme Court ordered 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: DEEKSHA N AMRUTHESH Versus STATE OF KARNATAKA AND ORS., SLP(C) No. 1404/2025 Click Here To Read/Download Order

Women Reservation : Supreme Court Creates Addl Posts In Advocates' Association Bengaluru; Clarifies 8 Yrs Experience Necessary

Debby Jain

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