Supreme Court directs 30% reservation for women in State Bar Councils

The Supreme Court on Thursday (December 4, 2025) directed the Bar Council of India (BCI) to ensure 30% reservation for women in the forthcoming State Bar Council elections to give effect to the “constitutional ethos” that mandates such representation.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing two public interest petitions filed by Supreme Court advocates Yogamaya M.G. and Shehla Chaudhary, who pointed to the stark underrepresentation of women and other marginalised groups in Bar Council bodies across the country.

“Keeping in view the constitutional ethos, the 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% seats in each State Bar Council are occupied by women members,” the Bench said. It added that the reservation would extend not only to elected positions but also to the posts of office-bearers in every State Bar Council.

Clarifying that the operative rules would be deemed amended to incorporate such a reservation, the Bench directed the BCI to place on record the steps taken for compliance by December 8.

Senior advocate Shobha Gupta, appearing for the petitioners, submitted that the current electoral scheme under the Advocates Act, 1961, had resulted in systemic exclusion of women. She pointed out that the five-phase Bar Council elections scheduled between January and April 2026 were progressing without any provision for women’s representation, which would leave women without assured participation for another five-year term unless the court intervened.

However, senior advocate Gurukumar, appearing for the BCI, submitted that introducing such a reservation would necessitate amendments to the 1961 Act. He further pointed out that several State Bar Councils had already initiated their electoral processes, rendering it difficult to incorporate any changes at such short notice.

The Chief Justice, however, assured the bar body that the Court would oversee the implementation of such a reservation. “We will resolve issues as they arise. You come out with a notification on Monday,” he said.

The pleas have been filed relying upon the May 2, 2024, order of the top court, in which it had directed that one-third of seats in the executive committee of the Supreme Court Bar Association, including one office-bearer post, be reserved for women.