PIL In Supreme Court Seeks Proportional Representation Of Women, Queer Community, Disabled Persons, SC/ST/OBCs In Bar Councils

The Supreme Court today (September 17) issued notice in a Public Interest Litigation (PIL) seeking proportional representation of women, queer community, differently abled and reserved category persons in the Bar Council of India and State Bar Councils.

The plea has been filed by MG Yogamaya, a practising Supreme Court lawyer and member of the Supreme Court Bar Association.  

Senior Advocate PV Dinesh appearing for the petitioner highlighted that presently the Bar Council of India has zero women representatives. Referring to S.3(2) of the Advocates Act, 1961, the senior counsel argued that the term 'proportional representation' should be construed to "as a proportional representation of the unrepresented categories" 

S. 3(2) of 1961 Act states " (b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council. 

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra agreed to consider the matter and issued notice. 

The CJI also noted that the nature of proportional representation sought in the present petition is similar to the way proportional representation is mandated in Rajya Sabha elections. 

Notably, in the plea, it is contended that out of 14 State Bar Councils including Delhi, Andhra Pradesh, Maharashtra, Gujarat, Kerala, Tamil Nadu, Rajasthan, Uttar Pradesh, Punjab and Haryana, Madhya Pradesh, Telangana, Himachal Pradesh, Uttarakhand, Bihar- only four states namely Tamil Nadu (1); Telangana (1); Bihar (2) and Madhya Pradesh (2) have women representation. 

"The inadequate representation influences the decision-making process of the Bar Council of India & State Bar Councils. Despite existence of these bodies, many a time, the judiciary has advocated for construction of toilets, effective mechanism for addressing sexual harassment cases, establishment of crèche in court premises, etc. If there is adequate representation of unrepresented segments, many of such issues can be dealt with more effectively, which will find place in the agenda of such representative bodies," the petitioner stted.

The main reliefs sought by the petitioner is : 

Declare that the proportional representation under Section 3(2)(b) of the Advocate's Act, 1961 means and includes proportional representation of women, queer community, specially abled persons and persons from the marginalized communities to the State Bar Council, and also Bar Council of India or in the alternative,

Issue directions to reserve seats for women, queer community, specially abled persons and persons from the marginalized communities till appropriate legislation is made in this regard.

Case Details : YOGAMAYA M.G. Versus UNION OF INDIA AND ORS.W.P.(C) No. 581/2024