The Supreme Court directed reservation of key posts for women lawyers in SCAORA to boost gender representation. Invoking Article 142, the Court mandated reserved positions in upcoming elections with consensus from all parties.
The Supreme Court of India on Monday took an important step to improve women’s representation in legal bodies by directing reservation of certain posts for women lawyers in the Supreme Court Advocates-on-Record Association (SCAORA).
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order after both sides agreed that steps were needed to address the low representation of women in SCAORA’s governing body.
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As per the Court’s direction, in the upcoming SCAORA elections, the posts of Joint Treasurer and Secretary will be reserved for women candidates. Additionally, two positions in the Executive Committee will also be set aside for women lawyers.
The Court used its special powers under Article 142 of the Constitution of India to pass this order. This provision allows the Supreme Court to issue any direction necessary to ensure complete justice in a matter.
While passing the order, the Court recorded the agreement between the parties and observed,
“The issue pertains to ensuring adequate representation of women among the office bearers and executive committee of SCAORA. Both sides have graciously agreed that in the ensuing elections of SCAORA … the post of joint treasurer, secretary and two executive members be reserved for women. We invoke Article 142 and order accordingly,”
the Court said.
Senior Advocate Gaurav Aggarwal appeared for the petitioner and highlighted the lack of representation of women in the SCAORA leadership. He urged the Court to take corrective steps to ensure fair participation of women lawyers in decision-making positions.
On the other hand, Senior Advocate Menaka Guruswamy, appearing for SCAORA, supported the proposal and showed the association’s willingness to adopt reforms. She stated,
“We welcome any change that is beneficial,”
she said.
Taking note of this consensus, the Court proceeded to formalise the reservation through its order, ensuring that the directions will be implemented in the forthcoming elections.
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This move is part of a broader effort by the Supreme Court to improve gender representation in the legal profession. Recently, the Court had also directed that women lawyers must hold at least 30% of seats in all State Bar Councils across India. The Court had made it clear that this requirement is mandatory and “non-negotiable,” even allowing co-option of members if elections were already in progress and the quota was not met.
The latest direction is expected to create more opportunities for women lawyers in leadership roles within one of the most important associations of Supreme Court practitioners, marking a progressive step towards gender equality in the Indian legal system.
Case Title:
Vivya Nagpal vs Supreme Court Advocates on Record Association.
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