Supreme Court Reserves Bengaluru Bar Treasurer Post For Women Lawyers

The Supreme Court on Friday exercised its plenary powers under Article 142 of the Constitution to reserve the treasurer position in the Bengaluru Advocates’ Association exclusively for women lawyers.

A bench of Justices Surya Kant and N. Kotiswar Singh made the decision ahead of the association’s elections scheduled for February 2, noting the lack of provisions for gender reservation in its by-laws. The court observed:

“We deem it appropriate to invoke our powers under Article 142 of the Constitution and direct as follows: (i) the post of treasurer shall be exclusively earmarked for women candidates.”

To facilitate this change, the court directed the high-powered election committee and the chief returning officer to extend the nomination process if necessary, even allowing a brief postponement of the election.

Bench Remarks

The bench further emphasized the need for gender representation in the association’s governing council, mandating that at least 30% of its members should be women with 10 years of practice. However, the court relaxed the 10-year experience requirement to encourage participation from younger lawyers, following a precedent set in the Delhi High Court Bar Association elections.

This move aligns with the Supreme Court’s recent efforts to enhance the representation of women in bar associations nationwide. In past rulings, the apex court reserved the treasurer’s post and 30% of executive committee seats for women lawyers in the Delhi High Court Bar Association and similar bodies.

The court underscored there was no legal impediment to introducing such reservations, reiterating its earlier stance:

“It is high time to provide women reservation in different elected bodies of advocates.”

The Bengaluru Advocates’ Association, which completed its term on December 19, has been asked to respond to these directives. Court’s decision marks another step toward fostering gender equity within the legal fraternity.

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