SC directs 30% women representation in state bar councils

The Supreme Court on Monday directed that 30 per cent of seats in state Bar councils , where elections have not yet begun, be reserved for women advocates. The order aims to enhance female representation in legal governing bodies across the country.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that for this year, 20 per cent of seats should be filled through elections by women , while an additional 10 per cent may be filled by co-option if there are insufficient candidates willing to contest. The court also directed that any proposal for co-option be placed before it for approval.

Senior advocate Manan Kumar Mishra

, chairperson of the Bar Council of India (BCI) , informed the bench that elections have already commenced in six state Bar councils. He stated that the BCI supports at least 30 per cent women's reservation and suggested allowing councils to co-opt women candidates to achieve this target. The court, however, capped co-option at 10 per cent .

The bench clarified that in states where elections have already been notified Andhra Pradesh, Punjab, Haryana, Uttar Pradesh, Telangana, Bihar, and Chhattisgarh women members contesting the polls should participate actively, and voters are encouraged to support adequate representation of female advocates. For the remaining Bar councils, 20 per cent of seats should be filled through elections and 10 per cent by co-option to ensure women ultimately occupy 30 per cent of executive council positions.

The top court was hearing petitions filed by advocates Yogamaya M G and Shehla Chaudhary, seeking one-third reservation for women in all state Bar councils and at least one office-bearer position on a rotational basis. Senior advocate Meenakshi Arora, representing the petitioners, noted that a uniform 30 per cent reservation might not be practical in states with very few practicing women lawyers. The pleas were based on the Supreme Court’s May 2, 2024, order, which mandated that one-third of seats in the Supreme Court Bar Association’s executive committee, including an office-bearer post, be reserved for women.

What is a Bar Council?

A State Bar Council is a statutory body under the Advocates Act, 1961 that regulates and represents lawyers in each state. It registers advocates, maintains a roll of practicing lawyers, regulates professional conduct, enforces disciplinary measures, promotes legal education and welfare of advocates, and conducts elections for council members and executive committees. The Bar Council of India (BCI) oversees state councils and sets professional standards, while state councils implement them locally. Currently, women are significantly underrepresented, with only about 2 per cent of elected positions in state Bar councils held by women, despite forming roughly 15 per cent of registered advocates nationwide.

With this directive, the Supreme Court aims to bridge the gender gap in legal representation and ensure women have a stronger voice in the governance of the profession.