BREAKING| Supreme Court Reserves 3 Posts For Women Lawyers In Upcoming DHCBA Elections; Treasurer Plus 30% Of Other EC Posts Reserved In District Bars

In a significant development, the Supreme Court today directed reservation of 3 posts for women lawyers in the upcoming Delhi High Court Bar Association elections. Further, in the district bar associations, the Court 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).

A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter.

Reportedly, out of the 3 posts reserved in DHCBA, first is of Treasurer, second is of 'Designated Senior Member Executive' and third is for a member from the senior designation category.

The reservations have been directed on an experimental basis for the upcoming elections only and the elections directed to be held on the scheduled date (whatever may be fixed).

Earlier proceedings in the matter

The Court had earlier asked the 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 desirability of reserving the post of Treasurer for women members. In addition to reserving the post of Treasurer, GB was at liberty to consider the desirability of reserving 1 more post of office bearers of the Bar Association for women members.

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.

On the last date (December 12), while reiterating that there was no stay imposed by the Court on Bar Association elections across the country, the Court asked DHCBA President Mohit Mathur to see that the issue of women reservation is resolved "immediately and amicably".

Background

The Court was dealing with 3 petitions 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.

One of the petitions was filed by Advocate Shobha Gupta, who contends that under­ representation of women in effective posts in BCD and other Bar associations can negatively affect their rights and access to justice as well as detract from the justice system's overall effectiveness.

Specifically seeking directions for 33% reservation in the upcoming Bar Council elections of all Advocate Bars in Delhi, Gupta initially approached the Delhi High Court. But on September 11, the High Court refused to grant interim relief and listed the matter for November 27.

As the Delhi Bar elections were scheduled to be held on October 19, and no interim relief was granted, the petitioners prayers were seemingly rendered infructuous. In this backdrop, the present pleas were filed before the Supreme Court, asserting that process of the elections has commenced with declaration/finalizing voter list.

Notice was issued on the petitions on September 20.

Earlier this year, the Supreme Court directed the implementation of 33% women reservation in SCBA elections.

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