Supreme Court Extends Women's Reservation To NGT Delhi Bar Assn; Says BCD Enrolment Not Necessary To Vote In NGT Bar Elections

The Supreme Court today clarified that its order reserving posts for women lawyers in Delhi's High Court and District Bar Associations shall apply mutatis mutandis to the National Green Tribunal Bar Association in the capital. Further, it was held that registration with the Bar Council of Delhi is not mandatory for a lawyer-member of the NGT Bar Association to cast a vote, as lawyers from several states appear and argue before the NGT.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,

"It is directed that the interim directions regarding earmarking the post of Treasurer and some of the members of the Executive Committee, for women candidates in the High Court/District Bar Associations of NCT of Delhi shall apply mutatis mutandis to the NGT Bar Association also. The requisite procedure be followed and the reservation for the women candidates be accordingly provided in the election of the NGT Bar Association as well."

On the issue of requirement of registration with Bar Council of Delhi, to be able to cast vote in the NGT Bar Association elections, the Court said, "The condition of requirement of enrolment with Delhi Bar Council alone shall not apply in the case of NGT Bar Association for the reason that the said Bar Association comprises of the advocates registered with various Bar Councils throughout the country".

The Court was dealing with two interlocutory applications filed in the DK Sharma case, which challenges Delhi High Court's direction that elections to the Executive Committee of all bar associations in the national capital be held simultaneously on the same day for a uniform period of two years.

Senior Counsel appearing for one of the applicants (registered with UP Bar Council and raising the issue of voting in the NGT Bar Association elections) submitted that the NGT Principal bench at Delhi is for 5 states - Haryana, Himachal Pradesh, Punjab, Uttarakhand and Uttar Pradesh. Yet, the authorities are asking for mandatory registration with Bar Council of Delhi for an advocate to be able to cast vote in the NGT Bar Association elections.

Senior Advocate ADN Rao, responding to the submissions, averred that the applicant has not filed the requisite declaration form. He informed that other advocates enrolled with UP Bar Council who have given their declaration form have been approved. "In the matter which the Delhi High Court is monitoring...they have issued a declaration form...the principle [is] One Bar, One Vote...the petitioner is practicing in NGT Bar...We are not concerned with where he is enrolled, because in NGT, everybody practices. People who have enrolled elsewhere and are practicing in NGT, they have given their forms and they have been approved. My friend has not given the declaration form!"

At this point, it was claimed on behalf of the applicant that the declaration form has not been filed because it requires mentioning of Bar Council of Delhi enrolment number (which the applicant does not have). "How can you insist for enrolment in Delhi?", Justice Kant asked Rao. When Rao defended that the applicant is raising the grievance after the relevant date has passed, the Court passed its order.

Case Title: D.K. SHARMA AND ORS. Versus BAR COUNCIL OF DELHI AND ORS, C.A. No. 10496-10497/2024

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