In a landmark move to correct the deep-rooted gender imbalance in the country’s legal regulatory bodies, the Supreme Court on Thursday directed that a minimum of 30% of all seats in every State Bar Council including posts of office bearers must be reserved for women.
The Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said this mandate aligns with India’s constitutional vision and the nation’s broader legislative push toward gender equality.
Quoting its directive, the Court stated:
“Keeping in view the constitutional ethos, the recent legislative initiatives and the orders passed by this Court from time to time, we expect that the Bar Council of India will construe the existing Rules/framework in such a manner as to ensure that 30% seats in each State Bar Council are occupied by women members. It goes without saying that such an initiative shall also include some of the posts of the office bearers.”
The Court further clarified that the existing rules will be deemed amended to incorporate this reservation and directed the Bar Council of India (BCI) to submit full compliance details by December 8.
Why the Court Intervened
The order came in response to public interest petitions filed by Supreme Court lawyers Yogamaya MG and Shehla Chaudhary, highlighting the severe underrepresentation of women in Bar Councils across India.
Data cited in the petition revealed that:
- Out of 441 elected representatives across 18 State Bar Councils, only 9 are women — a mere 2.04%.
- 11 out of 18 State Bar Councils have zero women members.
- The Bar Council of India, since its establishment in 1961, has never had a single woman member.
The petitioners argued that such exclusion violates Articles 14, 15, and 16 of the Constitution, which guarantee equality and prohibit discrimination.
Senior Advocate Shobha Gupta, appearing for the petitioners, submitted that the current electoral setup under the Advocates Act, 1961, systematically keeps women out. She urged the Court to interpret “proportional representation” in Section 3(2)(b) to include gender representation.
Upcoming Elections Prompted Urgency
The plea noted that the five-phase Bar Council elections scheduled between January and April 2026 (starting with Uttar Pradesh and Telangana) contained no provisions for women’s representation, effectively excluding women for yet another five-year term unless the Supreme Court intervened.
In a related plea by Chaudhary, the Court had earlier sought responses on her demand for one-third reservation and at least one woman office-bearer in every State Bar Council on a rotational basis.
What Happens Next
The Supreme Court will reconsider the matter on December 8, when the BCI is expected to report the steps taken to implement the reservation directive.
Advocates Sriram Parakkat and Deepak Prakash also appeared for petitioner Yogamaya.
With this direction, the Court has sent a clear message gender parity in the legal profession cannot wait any longer.
Case: Yogamaya MG vs Union of India & Ors. – Available on LAWFYI.IO
