Supreme Court Clarifies Applicability Of 10 Year Experience Condition For Women's Reservation In Delhi District Bar Associations

The Supreme Court yesterday clarified that half of the 30% Executive Committee member posts reserved by it for women lawyers in Delhi District Bar Associations shall be filled by those having over 10 years of practice. This eligibility criteria would not be applicable for the other half of the reserved EC posts, the Court said.

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

To recap, on December 19, the Court had directed reservation of the post of Treasurer plus 30% of other Executive Committee posts in Delhi's District Bar Associations for women lawyers (including those already reserved for women). Subsequently, on January 7, it clarified that the cap of 10 years experience imposed on certain posts reserved for women would not be applicable to the post of Treasurer.

Seeking modification of this order, an application was filed before the Court, contending that the order enabled young women lawyers (with short practice) to contest for the post of Treasurer, but imposed an eligibility criteria of 10 yrs practice on the other reserved EC posts (including Lady Member Executive), which was relatively ceremonial.

Taking note of the apparent anomaly, the Court passed an order yesterday, stating,

"(i) For the Post of Treasurer, earmarked for women candidates, the District Bar Association will follow the eligibility condition, as may be prescribed in their Byelaws/Rules/Regulations.

(ii) Out of 30% posts of Executive Members, earmarked for women/lady candidates in each District Bar Association, 15% shall be filled from amongst the women lawyers having 10 years practice whereas remaining 15% will be filled from amongst the women lawyers, without any such condition."

The Election Commissioners shall give 2 days' time to the women candidates to submit fresh nominations in terms of the modified order, the Court said. "The Election Commissioners will, however, have the discretion for rounding off to limit the women reservation upto 30% of total seats of Executive Members", it further added.

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

Click Here To Read Order