The Supreme Court has indicated that the Bar Council of India must ensure at least 30% reservation for women in upcoming State Bar Council elections. Learn about the Court’s observations, the legal basis, ongoing petitions, and its push for greater gender representation in the legal profession.
Supreme Court Urges BCI to Implement 30% Women’s Reservation in Bar Council Elections
In a significant development promoting gender equity within the legal profession, the Supreme Court on Thursday expressed that it expects the Bar Council of India (BCI) to ensure 30% reservation for women in the upcoming elections to State Bar Councils.
The Court’s observation came while hearing petitions seeking mandatory representation for women across all State Bar Councils.
How the Matter Reached the Supreme Court
The issue was taken up on a mentioning made by Senior Advocate Shobha Gupta on behalf of petitioner Yogamaya. The petitioners, including Yogamaya MG and Shehla Chaudhary, have approached the Court seeking:
- Reservation of one-third of seats for women in all State Bar Councils across India
- Mandatory reservation of at least one office-bearer post, to be rotated among women candidates
The petitions rely on the Supreme Court’s earlier order dated May 2, 2024, directing the Supreme Court Bar Association (SCBA) to reserve one-third of Executive Committee seats—including one office-bearer position—for women.
Case Details
- Case No.: W.P.(C) No. 1060/2025
- Case Title: Shehla Chaudhary v. Union of India
Supreme Court’s Observation: “Interpret the Rules to Secure 30% Representation”
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was unconvinced by BCI’s hesitation.
Senior Advocate Gurukumar, appearing for the BCI, submitted that implementing such reservations may require amendments to the Advocates Act, and that several State Bar Council elections were already underway, complicating immediate implementation.
However, the Supreme Court held a firm view that such obstacles should not delay gender-inclusive reform.
The CJI stated:
“We expect that the BCI will construe the rules in such a manner that it will ensure 30% reservation in State Bar Councils; such a position should also be available for some posts of office bearers.”
Court Counters Concern Over Women’s Participation
The BCI expressed doubt over whether a sufficient number of women lawyers would contest the elections.
The Chief Justice countered this by referring to data shared at a workshop held by the Supreme Court Bar Association the previous day:
“83% of the women want to be members in the SCBA.”
This, the Court noted, reflected the strong desire among women lawyers to actively participate in legal institutions—dispelling the notion that mandated reservations may go unutilized.
Justice Ginsburg Quoted: Slow Change vs. Court-Monitored Reform
During the hearing, Senior Advocate Gurukumar mentioned Justice Ruth Bader Ginsburg’s views on gradual institutional reform and its need to withstand “the endurance of time.”
But the CJI clarified that the Supreme Court would closely oversee the implementation process, functioning in the nature of a continuous mandamus to ensure meaningful progress.
“We will resolve issues as they arise. You come out with a notification on Monday.”
This strong direction suggests that the Court expects the BCI to initiate concrete steps without delay.
Implications for the Legal Profession
If implemented, 30% reservation for women in State Bar Councils will mark a transformative milestone in India’s legal fraternity. It would:
- Enhance women’s representation in statutory legal bodies
- Create leadership opportunities for women lawyers
- Bring State Bar Councils in line with the Supreme Court’s approach toward gender-balanced governance
- Promote institutional change across multiple levels of legal administration
With the Supreme Court closely monitoring the process, the push for meaningful gender representation appears to be gaining decisive momentum.
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