The Supreme Court observed that reservation for persons with disability is essentially a policy issue and directed the Bar Council of India to consider the petitioner’s plea in view of constitutional equality principles and relevant legislative provisions for advocates with disabilities.
New Delhi: The Supreme Court has instructed the Bar Council of India (BCI) to evaluate the possibility of providing reservations for advocates with disabilities within Bar Councils and Bar Associations.
This decision comes in light of significant questions regarding policy and equality as outlined in the Constitution.
Justices Surya Kant, Ujjal Bhuyan, and Joymalya Bagchi were addressing a writ petition filed by an advocate known for championing the rights of individuals with disabilities.
The petitioner requested that the Bar Council of India and the Bar Council of Uttar Pradesh allocate specific positions within their governing bodies for advocates with disabilities.
The Court noted that the elections for the Bar Council of Uttar Pradesh had been announced, although the nomination process had not yet commenced. Initially, the Court indicated that it would be challenging to interfere with the current electoral process or to issue a directive mandating reservations for the elections.
Nonetheless, the bench recognized the significance of inclusivity and representation in professional organizations, stating that the matter warranted thorough examination within the context of prevailing laws and constitutional principles.
The Court remarked in its order dated November 3,
“The reservation for persons with disability essentially being a policy matter, we dispose of this writ petition with a direction to the Bar Council of India to consider the cause espoused by the petitioner in light of the relevant legislative policies and statutes emanating from the constitutional principles of equality,”
The Bench also made it clear that all parties involved are welcome to make an informed decision on the issue, leaving the door open for future deliberation.
Furthermore, it granted the petitioner the option to approach the appropriate forum later if needed. All outstanding applications connected to the case were also resolved.
Case Title: Amit Kumar Yadav v. Bar Council of India & Anr.
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