'No Cap Of 10 Yrs Experience On Treasurer Post': Supreme Court Clarifies Order On Women Reservation In Delhi District Bar Associations

In the pleas seeking reservation for women lawyers in Delhi's bar bodies, the Supreme Court today clarified that the cap of 10 years experience imposed on certain posts directed to be reserved for women lawyers is not applicable to the post of Treasurer (also directed to be so reserved in District Bar Associations).

The matter was mentioned before a bench of Justices Surya Kant and N Kotiswar Singh by Senior Advocate Sonia Mathur, who submitted that two interlocutory applications had been filed seeking clarification of the court's order reserving posts for women lawyers in Delhi bar bodies, as certain aspects of the order were being misinterpreted by the Returning Officer.

Considering Mathur's submissions and the urgency involved, the Court took the main matter on board and issued the necessary clarification, stating,

"In our considered view, there is no vagueness in para 5 of order dt. 19 December, 2024. However, in order to avoid any kind of confusion, it is clarified that for the post of Treasurer earmarked for women candidates in all the District Bar Associations, there is no eligibility condition of 10 yrs. experience prescribed by us."

Briefly put, on December 19, the Court directed reservation of 3 posts for women lawyers in the upcoming Delhi High Court Bar Association elections. Further, in the district bar associations, it directed that the post of Treasurer plus 30% of other Executive Committee posts shall stand reserved for women lawyers (including those already reserved for women).

Background

The Court is dealing with multiple petitions which were filed seeking reservation for women lawyers in Delhi's lawyer bodies viz. Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and all District Bar Associations. Notice was issued on the petitions on September 20.

In September, 2024, the Court asked DHCBA to consider reserving post of Vice-President for women lawyers in the upcoming elections. The bench had found it disappointing that since the year 1962, there had not been even a single woman President of the Bar.

Subsequently, the Court ordered that there should be women's reservation for posts in DHCBA and directed that a meeting of the General Body of DHCBA be held to consider the proposals (as given in court).

Pursuant to this order, the DHCBA filed a response urging that the petitions be dismissed and the matter allowed to continue before the Delhi High Court (where it is pending). It was stated that a GBM was held on October 7, wherein members of the General Body resolved that they were not in favor of reservation in the seats of the Executive Committee of the DHCBA.

Ultimately, on December 19, the top Court passed an order directing reservation of posts in, on an experimental basis.

Case Title: FOZIA RAHMAN Versus BAR COUNCIL OF DELHI AND ANR., SLP(C) No. 24485/2024 (and connected matters)

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