The Supreme Court has extended women’s reservation in Bar Associations to the National Green Tribunal Bar Association, allowing lawyers registered in other states to vote in its elections. The ruling addresses concerns about mandatory registration with the Delhi Bar Council and aims to promote inclusivity and fairness in NGT elections.
New Delhi: The Supreme Court today (Jan 20th) issued a significant order extending its earlier directions on women’s reservation in Bar Associations to the National Green Tribunal (NGT) Bar Association in Delhi. It also clarified that lawyers registered with Bar Councils outside Delhi are eligible to vote in NGT Bar Association elections, addressing a long-standing grievance among advocates practicing at the tribunal.
A Bench of Justices Surya Kant and N Kotiswar Singh directed that the reservation for women in executive roles in Bar Associations will apply to the NGT Bar Association as well.
“The interim directions regarding earmarking the post of Treasurer and some of the members of the Executive Committee for women candidates in the High Court/District Bar Associations of NCT of Delhi shall apply mutatis mutandis to the NGT Bar Association also,”
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the Court stated.
The Court instructed the NGT Bar Association to ensure that the reservation for women candidates is implemented during their elections by following the requisite procedure.
On the issue of mandatory registration with the Bar Council of Delhi for voting rights, the Court clarified that this requirement does not apply to the NGT Bar Association. The Bench highlighted the unique nature of the NGT, where advocates from multiple states argue cases, particularly from Haryana, Himachal Pradesh, Punjab, Uttarakhand, and Uttar Pradesh.
“The condition of requirement of enrolment with the Delhi Bar Council alone shall not apply in the case of NGT Bar Association for the reason that the said Bar Association comprises advocates registered with various Bar Councils throughout the country,”
the Court held.
The ruling came while addressing two interlocutory applications in the DK Sharma case, which challenges the Delhi High Court’s directive for simultaneous elections to Bar Associations in the national capital.
Senior Counsel representing an applicant enrolled with the Uttar Pradesh Bar Council argued that mandatory registration with the Delhi Bar Council was unfair for lawyers practicing at the NGT. Responding, Senior Advocate ADN Rao pointed out that other lawyers enrolled with state Bar Councils who had submitted the required declaration form were allowed to vote. He noted that the applicant in question had failed to file this form.
“We are not concerned with where he is enrolled because, in NGT, everybody practices. People enrolled elsewhere and practicing in NGT have given their forms, and they have been approved,”
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Rao argued.
The applicant countered that the declaration form required a Delhi Bar Council enrolment number, which he did not possess. Questioning this requirement, Justice Kant asked,
“How can you insist on enrolment in Delhi?”
Ultimately, the Court directed that the declaration form be revised to reflect the diverse enrollment of NGT practitioners and ensured voting rights for all eligible advocates, irrespective of their Bar Council registration. This decision is expected to strengthen inclusivity and fairness in the NGT Bar Association elections.
Case Title: D.K. SHARMA AND ORS. Versus BAR COUNCIL OF DELHI AND ORS, C.A. No. 10496-10497/2024
Read the Judgement here:
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