Advocate-on-Record Pratik R. Bombarde has urged the SCBA Electoral Reforms Committee to implement reservations for SC/ST lawyers in key leadership roles within the SCBA Executive Committee.
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NEW DELHI: On March 20, Advocate-on-Record Pratik R. Bombarde submitted a letter to Justice L. Nageswara Rao (Retd.), Chairman of the Committee for Electoral Reforms in the Supreme Court Bar Association (SCBA). In this letter, he strongly advocated for the implementation of a reservation policy for lawyers belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) communities in elections for the SCBA Executive Committee. He specifically emphasized the need for reserved positions in key leadership roles, such as President, Vice President, and Secretary, to ensure greater representation of historically marginalized groups within the SCBA.
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Precedents for Reservation in Legal Associations
A similar demand had been raised earlier this year by the All India Backward Classes Advocates Foundation and the Karnataka SC/ST Backward Classes and Minorities Advocates Federation. They had filed a petition before the Supreme Court in February 2024, seeking reservation for SC, ST, and Other Backward Classes (OBC) members in the governing council of the Advocates Association, Bengaluru (AAB). However, while hearing the matter, Justice Surya Kant observed that the petitioners had not provided sufficient empirical data to support their claims.
Bombarde’s proposal highlights a significant issue—the absence of SC and ST members in leadership positions within the SCBA since its inception. He points out that despite the considerable presence of SC and ST lawyers in the legal profession, none have ever been elected to the top positions in the association.
This lack of representation results in a diminished ability for these communities to participate in the decision-making process and advocate for policies that address their concerns. To rectify this imbalance, Bombarde argues that reserving leadership positions is not merely a matter of fairness but an essential step toward fostering inclusivity and ensuring that all voices are heard within the SCBA.
A Two-Pronged Approach for Implementation
To facilitate the implementation of this reform, Bombarde proposes a two-pronged strategy. The first approach involves directly reserving key leadership positions, including President, Vice President, Secretary, Joint Secretary, Treasurer, and Joint Treasurer, for SC and ST members. Additionally, he suggests allocating a fixed number of seats for SC/ST lawyers within the Senior Member Executive and Member Executive committees.
Recognizing potential challenges in implementing the first approach, he proposes an alternative mechanism:
“a rotational system where key positions would be reserved for SC/ST candidates on a cyclical basis”
This rotational reservation would guarantee the continuous representation of historically disadvantaged groups in leadership roles, preventing their exclusion from the executive decision-making process over time.
Comparative Analysis: Global Precedents in Legal Associations
Bombarde’s proposal also draws upon global examples to demonstrate the effectiveness of diversity measures in legal organizations. In the United States, several state bar associations have adopted diversity quotas and preferential policies to ensure fair representation of marginalized communities in their leadership structures. These policies have contributed to leadership that better reflects the demographic composition of the legal profession.
Similarly, South Africa’s Legal Practice Council (LPC) has implemented affirmative measures aimed at increasing the representation of Black South Africans and other historically disadvantaged groups in legal governance. This initiative emerged in the post-apartheid era to correct systemic exclusions and create a more equitable legal framework.
In the United Kingdom, the Law Society of England and Wales has introduced policies aimed at increasing the participation of ethnic minorities and women in leadership positions. Through procedural reforms and structural modifications, these policies have successfully promoted inclusivity in legal institutions. These international examples illustrate how proactive policies can enhance representation and create a more equitable professional environment.
The Significance of Fair Representation
Bombarde highlights the urgent need for equitable representation within the SCBA, arguing that the inclusion of SC/ST members in leadership positions would address significant challenges faced by these communities.
One of the key obstacles encountered by SC/ST lawyers is financial constraints, which often prevent them from affording memberships and other professional costs associated with bar associations. Limited access to resources, including chamber allotments, further exacerbates these disadvantages, restricting their opportunities to assume leadership roles.
Introducing reserved leadership positions within the SCBA would not only create a more inclusive environment but also serve as a mechanism to counteract systemic barriers. An SC/ST leader in the executive committee could push for policy changes, such as membership fee waivers, preferential chamber allotments, and other measures designed to enhance accessibility for marginalized lawyers.
Beyond addressing economic disparities, implementing reservations in the SCBA’s executive committee would reinforce the association’s credibility as an institution committed to justice and fairness. Ensuring that leadership reflects the diversity of the legal profession would contribute to a more democratic and representative bar association. Ultimately, this initiative would foster a more inclusive legal community where all members, irrespective of their socio-economic backgrounds, have an equal opportunity to contribute and lead.
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