[BREAKING] One-Third Of SCBA Posts Must Be Reserved For Women In 2024-2025 Election: Supreme Court

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The Supreme Court directed that one-third of the posts within the Supreme Court Bar Association (SCBA) must be reserved for women. The court further specified that for this year, three executive members, two senior executive members, and the treasurer of the SCBA must be women

[BREAKING] One-Third of SCBA Posts Reserved for Women: Supreme Court

NEW DELHI: Today (2nd May): The Supreme Court of India directed that at least one-third of the posts in the executive committee (EC) of the Supreme Court Bar Association (SCBA) must be reserved for women. The court further specified that for this year, three executive members, two senior executive members, and the treasurer of the SCBA must be women.

The order was issued by a Bench comprising Justices Surya Kant and KV Viswanathan, emphasizing the importance of women’s participation in the decision-making bodies of the SCBA. However, it should be noted that the post of SCBA president is not included in the reserved positions. The directive builds upon a similar matter that had previously come before the Delhi High Court.

“We believe that despite any resolutions passed by the SCBA, certain positions on the Executive Committee should be reserved for female members of the bar,” the bench stated in its order.

Earlier this year, SCBA President Adish Aggarwala assured the Delhi High Court that a general body meeting would be convened within two months to discuss amending the SCBA rules and reserving at least two positions in the executive committee for women lawyers. This assurance was in response to a plea filed by advocate Yogamaya MG, who sought directions for the SCBA to address the issue of gender representation.

Yogamaya’s plea emphasized the significance of amending the SCBA Rules to ensure inclusivity and diversity within the association. It highlighted that the absence of adequate representation of women lawyers could hinder the effective addressing of issues related to sexual harassment. By providing women with a greater voice and influence within the SCBA, the legal profession can promote a more equitable and inclusive environment.

To implement the directive, the SCBA president acknowledged the need for a general body meeting, considering that notices must be sent to the approximately 20,000 SCBA members. The successful implementation of this gender reservation policy requires the active participation and support of the legal community, as well as a commitment to fostering an atmosphere of gender equality.

Elections are scheduled for May 16th. The Court has instructed that the elections for the 2024-25 term will take place on May 16, 2024. Vote counting will start on May 18, 2024, with results announced on May 19, 2024. The current committee’s term ends on May 18, 2024.

The election committee will consist of Senior Advocates Jaideep Gupta, Rana Mukherjee, and Meenakshi Arora.

The Court acknowledged that eight resolutions proposing reforms in candidate eligibility criteria, changes in membership admission fees and candidate deposit fees, and the revision of the four-term cap for holding an SCBA post were unsuccessful in the Special General Body meeting on April 30.

However, the Court stressed that the SCBA’s norms, eligibility criteria, and fees cannot remain unchanged for extended periods, necessitating timely reforms. Consequently, the Court directed the SCBA’s executive committee to solicit suggestions from all bar members, including through public notices on its website. All suggestions are to be submitted by July 19, 2024, in digital or print format. These suggestions will be compiled and presented to the Court.

Case Title: Supreme Court Bar Association v. BD Kaushik | Diary No. 13992 of 2023