Today, on 16th January, The Supreme Court excluded Punjab and Haryana from its December 8, 2025 directions as only voter lists were finalized, holding that 30% women’s reservation will apply to their upcoming Bar Council elections. The matter was heard by CJI Surya Kant and Justice J Bagchi.
NEW DELHI: The Supreme Court, ordered that Punjab and Haryana may be excluded from the direction passed on Dec 8,2025, as the election process has not yet begun and only the voters’ list has been finalized. Consequently, the 30% reservation for women shall also apply to the forthcoming elections in Punjab and Haryana.
The Bench consisting of Hon’ble Chief Justice Surya Kant and Hon’ble Mr. Justice Joymalya Bagchi heard the matter which now ensured reserved seats for women candidates in the Bar election. The Punjab and Haryana Bar elections have been schedules to 17th and 18th March of 2026.
The court ordered,
“We are satisfied that our direction in the paragraph 4 of order dated 8 December 2025 to extent of words ‘Punjab & Haryana’ is liable to be deleted, as the election process is yet to commence and only the voter list has been finalized, so ordered accordingly. Consequently, the 30% representation of women members as contemplated in paragraph 6 of the aforesaid order shall apply mutatis mutandis to the ensuing elections of the Bar Council of P&H High Court.”
A Bench also sought the assistance of Attorney General R. Venkataramani and Additional Solicitor General Aishwarya Bhati in this regards.
Earlier, on 8th December 2025, looking at the commencement of the election process the court directed the election to continue without women reservations.
Previously the court ordered that,
“We note that the elections of four Bar Councils have already been notified, and as a consequence, the election process has commenced. So, it will not be prudent to earmark the seats for the women lawyers in elections in such States. However, we are quite sure that the women members who are contesting/proposed to contest the election in these four Bar Associations, namely, of Andhra Pradesh, Punjab & Haryana, Telangana, and Uttar Pradesh will contest the election with full spirit, and the advocate-voters will also make an endeavour to ensure that adequate representation is provided to the women members of the Bar.”
The petitioner, Yogamaya M.G., a member of the Supreme Court Bar Association (SCBA), has approached the Supreme Court through a public interest litigation (PIL) highlighting the lack of proportional representation of marginalized groups in statutory bar councils. Filed through Advocate-on-Record Shyam D. Nandan, the petition points out that although the Advocates Act, 1961 prescribes the composition and functioning of bar councils, it fails to provide any concrete legislative mechanism to ensure inclusive representation.
The petitioner argues that persistent underrepresentation amounts to a violation of fundamental rights guaranteed under Articles 14, 15, 16, and 21 of the Constitution, which mandate equality, non-discrimination, and equal opportunity. Relying on empirical data from multiple state bar councils, the petition reveals that states such as Andhra Pradesh, Gujarat, Uttar Pradesh, Punjab, and Haryana presently have no women members at all.
It further contends that Section 3(2) of the Advocates Act, which refers to “proportional representation,” must be purposively interpreted to include women, queer persons, persons with disabilities, and other historically marginalized communities.
The petition states.
“Many lady lawyers are not able to contest the Bar Council elections as the campaigning for Bar Council Elections is highly politicized and can be expensive and time-consuming, requiring extensive networking and resources. Many of the members of the Bar Council have been preparing for contesting elections at the cost of their practice. Therefore, it is highly necessary that this Hon’ble Court may pass appropriate directions to regulate the Bar Council election process so that many meritorious professional lawyers, who are not full-time politicians, can spare their time for the benefit of the administration of justice,”
The petition also relies on judicial precedents addressing gender inequality and marginalization, including NALSA v. Union of India (2014) and Vishaka v. State of Rajasthan (1997), which underscore the necessity of affirmative action, even within the legal profession. It draws parallels with the 73rd Constitutional Amendment, mandating women’s reservation in local bodies, and argues that male-dominated Bar Councils often neglect critical concerns such as gender-neutral restrooms, crèche facilities, and effective mechanisms to address sexual harassment within court premises.
The petition requests the court to issue directions aimed at regulating the Bar Council election process to make it more inclusive and accessible to women and marginalized communities. The petitioners assert that such reforms would foster a more equitable legal profession and enhance the overall administration of justice.
The PIL asserts.
“The inadequate representation influences the decision making process of the Bar Council of India & State Bar Councils. Despite the existence of these bodies, many a time, the judiciary has advocated for the construction of toilets, effective mechanisms for addressing sexual harassment cases, and the establishment of crèches in court premises, etc. If there is adequate representation of unrepresented segments, many of such issues can be dealt with more effectively, which will find a place in the agenda of such representative bodies,”
Earlier, the Supreme Court clearly articulated its expectation that the Bar Council of India (BCI) must interpret its existing rules and framework to ensure that 30% of seats in every State Bar Council are reserved for women members, including key office bearer positions.
Previously, Utilizing its plenary powers, the Court ruled that these necessary rule amendments are “deemed to have been made,” thereby granting immediate and binding legal effect. The order was rendered by a Bench comprising the Hon’ble Chief Justice and Hon’ble Mr. Justice Joymalya Bagchi.
The Court Ordered:
“Keeping in view the constitutional ethos, recent legislative initiatives, and the orders passed by this Court from time to time, we expect that the Bar Council of India will construe the existing Rules/framework in such a manner as to ensure that 30% of seats in each State Bar Council are occupied by women members.”
To eliminate any ambiguity regarding enforceability, the Court further clarified:
“It is clarified that the relevant Rules shall be deemed to have been amended providing for such reservation.”
The Court also instructed the Bar Council of India to provide detailed compliance information at the next hearing, which has been scheduled for December 8, 2025.
Case Title: Yogamaya M.G. v. Union of India & Ors. W.P.(C) Nos 581/2024
Read 8th December Order:
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
