The Supreme Court of India has directed all State Bar Councils that have not yet announced elections to implement a mandatory 30 percent reservation for women lawyers. According to the Court’s order, 20 percent of the seats in these councils must be filled through direct election of women candidates, while the remaining 10 percent may be completed through co-option if the number of elected women falls short. The judges clarified that this arrangement applies only to states where the election schedule has not been published, ensuring that ongoing electoral processes are not disrupted.
This directive comes in response to petitions highlighting the severe gender imbalance in bar council leadership across the country. Data placed before the Court revealed that out of 441 elected members across 18 State Bar Councils, only nine were women—an alarmingly low representation of just about two percent. The petitioners argued that the Advocates Act, 1961, combined with the constitutional principles of equality and non-discrimination, required immediate structural reform to ensure that women lawyers are included in the decision-making bodies that regulate the legal profession.
The Court asked the Bar Council of India to interpret and apply existing rules in a way that accommodates the reservation mandate, noting that these rules should be treated as “deemed amended” wherever necessary. The bench acknowledged concerns that some states may not have a large enough number of practising women advocates to meet the 30 percent quota solely through elections. To balance representation with practicality, the Court allowed up to 10 percent of the total seats to be filled through co-option so that bar councils can fulfill the reservation requirement even when fewer women contest.
Despite this concession, the Court insisted that the overall reservation level must not fall below 30 percent. It noted that co-option should be used as an exception, not a substitute for encouraging women to contest elections. Each State Bar Council covered by the order must now prepare and submit a detailed plan explaining how it will fill reserved seats, whether by election or co-option.
The Supreme Court has taken a decisive step toward correcting the historical underrepresentation of women in bar council governance. The ruling signals a shift toward gender-inclusive leadership in legal institutions, encouraging greater participation of women advocates in shaping policy and regulation within the profession. The move is expected to have long-term implications for diversity, leadership opportunities, and the overall culture of India’s legal community.
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