Supreme Court Finds BCI’s Proposal for Co-opting Women Lawyers to State Bar Councils ‘Fair’

New Delhi, June 16: The Supreme Court on Tuesday indicated that the Bar Council of India’s (BCI) proposal to fill the additional 10 per cent co-option quota for women lawyers in State Bar Council executive committees through the highest-polling unsuccessful women candidates appears to be a fair and reasonable mechanism.

A Bench comprising Chief Justice of India Surya Kant and Justice V. Mohana was hearing matters concerning the implementation of its earlier directions aimed at ensuring effective representation of women in the governance structures of bar bodies across the country.

During the proceedings, the court was informed that elections to most State Bar Councils have already concluded and results have been declared. The only remaining issue relates to the method of filling the additional 10 per cent seats earmarked for women through co-option.

The BCI proposed that these seats should be offered to women candidates who contested the elections but narrowly missed securing victory, based on their electoral performance. Under the proposal, women candidates receiving the highest number of votes among those not elected would be considered for co-option.

Observing that the proposal appeared equitable, Chief Justice Surya Kant remarked that the BCI had come forward with a “fair suggestion” by recommending the induction of the highest-polling unsuccessful women candidates.

The court, however, directed the BCI to formulate a final mechanism after consulting all relevant stakeholders, including newly elected members of the State Bar Councils.

Advocate Radhika Gautam, appearing for the BCI, was asked to develop a uniform, transparent and fair criterion for the co-option process and place it before the court.

The matter has been listed for further hearing on July 15, with the BCI directed to submit its final proposal by July 14.

Background: Supreme Court’s Push for Greater Representation

The proceedings stem from the Supreme Court’s earlier directions mandating 30 per cent representation for women lawyers in the executive committees of State Bar Councils as well as the Bar Council of India.

Under the framework approved by the court:

• 20 per cent of seats are to be filled through direct election by women candidates.

• An additional 10 per cent representation is to be ensured through co-option.

The current proceedings focus on determining the most appropriate and transparent method for filling this co-option component.

The outcome is expected to have a significant impact on women’s representation in the governance of legal institutions and could serve as a model for promoting greater gender diversity in professional bodies across the country.