The Supreme Court has mandated a 30% reservation for women in State Bar Council elections, ensuring meaningful participation of women lawyers through both elected and co-opted seats, marking a historic step toward gender equality in the legal profession.
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NEW DELHI: The Supreme Court of India on Monday heard a petition seeking to introduce 30% reservation for women in upcoming State Bar Council elections, stressing the urgent need for better gender representation within the legal profession. During the hearing, the bench discussed the mechanism to ensure women lawyers receive adequate representation through both election and co-option.
Senior Advocate Shobha Gupta informed the Court that elections in four State Bar Councils have already begun, and noted that most states support the proposal for women’s reservation.
Chief Justice of India (CJI) observed that even where some women may not contest elections, they can still be co-opted based on their standing and contribution to the profession. The CJI emphasised that:
“There should be no compromise on 30% reservation.”
Senior Advocate Meenakshi pointed out that some states currently have zero representation of women lawyers. Senior Advocate Arora highlighted that although many women are registered with Bar Councils, far fewer actively practise law, creating a gap in representation.
Responding, the CJI stated that the purpose of the reservation is to benefit practising women lawyers and to ensure real participation instead of symbolic inclusion.
The Bar Council of India (BCI) argued that if the co-option system is challenged, Parliament may need to step in to implement the 30% quota.
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Senior Advocate P.V. Dinesh raised an additional concern, stating that regional representation should also be considered alongside gender inclusion.
The Court noted that, since elections have already been notified in four councils, it may not be feasible to earmark reserved seats immediately. States, including Bihar and Chhattisgarh, were also indicated as unable to implement the quota in the current phase.
Court’s Proposed Structure
The Supreme Court outlined that in remaining councils, where elections have not yet commenced:
- 20% of the seats will be elected
- 10% of the seats will be allotted through co-option
- Total women’s representation will be 30%
The Court asked for a formal proposal on the co-option process, which will be scrutinised before final directions are issued. The CJI added that in councils where women are already contesting elections:
The co-option process must still proceed so that women ultimately receive the full 30% representation.
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