Today, On 26th November, Supreme Court responded to a PIL seeking proportional representation of women, queer individuals, lawyers with disabilities, and members of marginalized communities in the Bar Council of India and State Bar Councils. The court has now issued notice in the matter.
The Supreme Court responded to a public interest litigation (PIL) aimed at ensuring proportional representation of women, queer individuals, people with disabilities, and lawyers from marginalized communities within the Bar Council of India (BCI) and State Bar Councils.
Advocate Yogamaya MG, the petitioner, argues in the PIL that despite the Advocates Act of 1961 having been in place for over sixty years, there has been a neglect in legislative or policy measures to correct the “gross underrepresentation” of women and other marginalized groups in these statutory bodies.
The petition points out that among the 441 members across various State Bar Councils, only nine are women, indicating a deeply entrenched imbalance in legal profession governance.
It calls on the Supreme Court to interpret the term “proportional representation” under Section 3(2)(b) of the Advocates Act, 1961, to encompass factors related to gender, social status, and disability.
Emphasizing that Article 15(3) empowers the State to create special provisions for women, which should extend into the legal profession, the petition states,
“The Bar Council plays a pivotal role in regulating the legal profession, yet its composition fails to reflect the diversity of the Bar itself. This is contrary to Articles 14, 15, 16, and 21 of the Constitution,”
Additionally, the petition critiques the current election process for Bar Councils as highly politicized and resource-intensive, which discourages qualified lawyers, particularly women, from participating. It seeks to regulate the election process to promote inclusivity and accessibility.
The petitioner argues that improved representation in Bar Councils could address persistent issues, such as the lack of women’s restrooms, childcare facilities, and effective mechanisms for handling sexual harassment in court premises.
An application has also been submitted in this PIL, demanding a clear and time-bound strategy to ensure adequate representation of women advocates in the upcoming State Bar Council elections, across all phases (I–V).
This includes reservations, structural protections, and affirmative actions. Recently, the Supreme Court established a revised timetable for State Bar Council elections in 16 States and Union Territories, mandating that the overdue polls conclude between January 31 and April 30, 2026.
The Court has also formed High Powered Election Monitoring Committees (HPEMCs) regionally, along with a national High Powered Supervisory Committee led by a former Supreme Court judge.
In the current application, it has been noted that despite the approval of this election schedule, no specific provisions, safeguards, or affirmative actions have been introduced to ensure adequate representation of women in any phase.
The absence of these measures threatens to perpetuate the existing gender imbalance in State Bar Councils during the forthcoming elections, the application argues.
The application states,
“As per the phased election schedule approved by this Hon’ble Court, Phase-I elections for the States of Uttar Pradesh and Telangana must be completed by 31.01.2026. In view of the above, it is essential that the issue of women’s representation in State Bar Councils which forms the core of both the present Writ Petition and the reliefs sought in W.P.(C) No. 1060/2025 is addressed before the start and conclusion of the Phase-I elections, or else the goal of ensuring fair and equitable representation for women advocates will be lost for the entire upcoming five-year term”,
This application, submitted through Advocate Deepak Prakash, seeks to apply the principle of “proportional representation” under Sections 3(2)(b) and 3(3) of the Advocates Act, in alignment with constitutional mandates for equality and non-discrimination, aiming to rectify the current gender disparities in State Bar Council membership.
It requests that the Bar Council of India and all participating State Bar Councils include these gender-equity measures in their election notifications, rules, and procedures for the 2026 elections.
It is noteworthy that the BCI has not had a single elected woman in its twenty-member body since its inception in 1961 representing an unbroken 0% female representation for over sixty years. This exclusion at the highest level not only reflects but exacerbates the documented underrepresentation across State Bar Councils.
The continued 0% representation of women in the BCI is viewed as a violation of substantive equality and undermines the constitutional promise of equal access to public institutions, defeating the aim of ensuring representation in bodies with public functions.
The application also cites the National Gender-Gap Scorecard for State Bar Councils (2025), which indicates a distressing and constitutionally indefensible trend of exclusion.
The application adds,
“Across 18 State Bar Councils comprising 426 elected seats, women occupy only 9 seats an abysmally low 2.1% representation. In 11 out of 18 Councils, women hold zero seats, signifying their complete exclusion from regulatory and decision-making structures. Except for Bihar, which marginally reaches 8%, every other Council remains confined to the 0–6% range, demonstrating a uniform, nationwide pattern of gender imbalance,”
Finally, the Supreme Court has also acknowledged a similar PIL seeking reservations for women advocates in State Bar Councils throughout India, highlighting their severe underrepresentation in bar leadership despite their increasing number in the legal profession.
This petition, filed by Advocate Shehla Chaudhary and coordinated by Advocates Md. Anas Chaudhary and Alia Zaid, was submitted through Advocate-on-Record Ansar Ahmad Chaudhary.
Case Title: Yogamaya MG v. Union of India & Ors.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
