Supreme Court Mandates 30% Women's Reservation in State Bar Councils
The Supreme Court directed the Bar Council of India to ensure 30% reservation for women in State Bar Council elections and office-bearer posts, upholding constitutional ethos.
Photo by Samyak Bothra
Quick Revision
SC ordered 30% reservation for women in State Bar Council elections
Reservation applies to elected positions and office-bearers
Order based on public interest petitions highlighting under-representation
Aims to give effect to 'constitutional ethos' of representation
Key Numbers
Visual Insights
Evolution of Women's Reservation in Indian Governance
This timeline illustrates the key milestones in the implementation of women's reservation policies in India, from local self-governance to legislative bodies and now professional regulatory councils, highlighting the progressive steps towards gender equity.
The journey for women's reservation in India began with grassroots democracy, extending to legislative bodies, and now to professional regulatory institutions, reflecting a sustained constitutional commitment to gender equity and inclusive governance.
- 1992-9373rd & 74th Constitutional Amendment Acts mandate 1/3rd reservation for women in Panchayats and Municipalities.
- 2006Women's Reservation Bill (for Parliament/State Assemblies) first introduced in Lok Sabha, but lapsed.
- 2010Rajya Sabha passes Women's Reservation Bill, but it fails in Lok Sabha and lapses.
- 2023Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment Act) passed, providing 33% reservation for women in Lok Sabha and State Legislative Assemblies (to be implemented after delimitation).
- 2024Supreme Court mandates 30% women's reservation in State Bar Councils and office-bearer positions.
Exam Angles
Role of the Supreme Court in enforcing constitutional principles and judicial activism.
Constitutional provisions related to equality, non-discrimination, and special provisions for women (Articles 14, 15, 16, 39A).
Statutory bodies: Bar Council of India (BCI) and State Bar Councils – their establishment, functions, and regulatory powers under the Advocates Act, 1961.
Reservation policy in India: horizontal vs. vertical reservation, its constitutional basis, and debates surrounding its implementation.
Women's empowerment and gender justice in professional bodies and governance.
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Summary
In a landmark decision, the Supreme Court has directed the Bar Council of India (BCI) to implement 30% reservation for women in the upcoming State Bar Council elections, including for office-bearer positions. This order stems from public interest petitions highlighting the severe under-representation of women and other marginalized groups in these professional bodies.
The Court emphasized that this directive is crucial to uphold the 'constitutional ethos' that mandates such representation, ensuring gender equity and inclusivity within the legal profession. This judgment is a significant step towards empowering women in the judiciary and legal governance, addressing long-standing disparities, and promoting a more representative and diverse legal fraternity.
Background
Latest Developments
Practice Questions (MCQs)
1. Consider the following statements regarding the recent Supreme Court directive on women's reservation in State Bar Councils: 1. The directive mandates 30% reservation for women in State Bar Council elections, including for office-bearer positions. 2. The Bar Council of India (BCI) is a statutory body established under the Bar Councils Act, 1926. 3. State Bar Councils are responsible for maintaining rolls of advocates and exercising disciplinary jurisdiction over them. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct as per the news. The Supreme Court has mandated 30% reservation for women in State Bar Council elections, including for office-bearer positions. Statement 2 is incorrect; the Bar Council of India (BCI) is a statutory body established under the Advocates Act, 1961, not the Bar Councils Act, 1926 (which was a precursor). Statement 3 is correct; State Bar Councils are indeed responsible for maintaining rolls of advocates and exercising disciplinary jurisdiction over them within their respective states.
2. In the context of reservation policies in India, consider the following statements: 1. Article 15(3) of the Constitution empowers the State to make special provisions for women and children. 2. The reservation for women in State Bar Councils, as directed by the Supreme Court, is an example of vertical reservation. 3. Horizontal reservations cut across vertical reservations and are applied separately for each vertical category. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct. Article 15(3) of the Indian Constitution allows the State to make special provisions for women and children, which forms the constitutional basis for various women-centric policies, including reservations. Statement 2 is incorrect. Reservation for women is typically considered a horizontal reservation, meaning it applies across all vertical categories (like General, SC, ST, OBC). Vertical reservations are for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Statement 3 is correct. Horizontal reservations, such as those for women, persons with disabilities, or ex-servicemen, are applied independently to each vertical category (e.g., 30% women in SC, 30% women in ST, etc.).
3. With reference to the Bar Council of India (BCI) and State Bar Councils, which of the following statements is NOT correct?
- A.The BCI is the apex statutory body regulating the legal profession and legal education in India.
- B.Members of State Bar Councils are elected by advocates on the electoral roll of that State.
- C.The BCI has the power to lay down standards of professional conduct and etiquette for advocates.
- D.The Chief Justice of India is the ex-officio Chairman of the Bar Council of India.
Show Answer
Answer: D
Statement A is correct; the BCI is indeed the apex regulatory body. Statement B is correct; State Bar Council members are elected by advocates. Statement C is correct; one of the key functions of the BCI is to prescribe standards of professional conduct. Statement D is NOT correct. The Attorney General of India and the Solicitor General of India are ex-officio members of the BCI, but the Chairman of the Bar Council of India is elected by the Council from amongst its members, not the Chief Justice of India.