Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections

In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).

The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. 

"In the ensuing elections for 2024-25, the post of the Treasurer of the Supreme Court Bar Association is reserved for women," the bench comprising Justices Surya Kant and KV Viswanathan ordered. The bench clarified that this reservation will not preclude eligible women members from contesting for other posts.

The Court directed that one post of the office bearers of SCBA shall be exclusively reserved for women by turn and on a rotation basis. The Court stated that this exclusive women reservation will start with the post of Treasurer for the 2024-25 elections.

The Court directed that there shall be a minimum of 1/3rd of women's reservation in the junior executive committee (3 out of 9) and in the senior executive committee (2 out of 6) of the SCBA.

"We are however of the view that notwithstanding any resolution passed by the SCBA, some of the posts in the Executive Committee must be reserved for women members of the bar," the bench observed in the order.

Elections to be held on May 16

The Court directed that the elections for the 2024-25 term be held on May 16, 2024. The counting of the votes shall commence on May 18, 2024. The results shall be declared on May 19, 2024. The term of the current committee expires on May 18, 2024.

The election committee shall comprise Senior Advocates Jaideep Gupta, Rana Mukherjee and Meenakshi Arora.

Apart from those under the voters list for 2023, all those members who have become eligible between 01.03.2023 to 29.02.2024 would also be entitled to be included in the voters list

Need for reforms

The Court noted that eight resolutions seeking reforms in the eligibility conditions for candidates, changes in the admission fee of members and deposit fee of candidates, revision of the cap of four terms for a member to hold an SCBA post etc., failed in the Special General Body meeting held on April 30.

However, the Court observed that the norms, eligibility conditions, fees etc. of the SCBA cannot remain static for decades and timely reforms are needed. To that end, the Court directed that the executive committee of the SCBA shall invite suggestions from all the members of the bar, including public notice on its website. All such suggestions be given by 19 July 2024, either in digital or print form. These suggestions are to be compiled and placed before the Court.

Case : Supreme Court Bar Association v. BD Kaushik | Diary No. 13992 of 2023

Citation : 2024 LiveLaw (SC) 340

Click here to read the order