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Supreme Court Clarifies Does Not Bar Ex-HC Judge to
In a landmark clarification on , the dismissed challenging its earlier mechanism for co-opting women members to . A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana upheld the of former High Court judges, resolving constitutional concerns under .
Background: Paving the Way for Women in Bar Councils
The journey began with an order dated , in the case , where the Court directed that 30% of seats in be reserved for women—20% through elections and 10% via . On , the Court refined the process, allowing Chief Justices of jurisdictional High Courts to nominate two women candidates from two categories: former women judges of the High Court or senior women advocates with a .
The Challenge: Seeking a Democratic Process
Several sought modification of the August 4 order. The applicants argued that co-opted members should either be elected by the Bar Council's elected members or be the unelected women candidates who secured the highest votes in the council elections. Concerns were also raised about the eligibility of former judges and the interpretation of the term "senior." The Court heard extensive submissions from both sides, including from the Attorney General and Solicitor General.
Court's Clarifications: Removing Constitutional Hurdles
The bench addressed each objection head-on. First, it clarified that
—which restricts former High Court judges from practicing law—does not bar their
into Bar Councils.
"By virtue of becoming a member of the SBCs, they are not required to resume practice before the respective High Courts,"
the Court observed, dismissing the impediment.
Second, the Court explained that "senior" does not exclusively mean . Instead, it refers to advocates who have practiced for a and are found suitable by the elected members and shortlisted by the Chief Justice. Additionally, the Court confirmed that women who contested but lost Bar Council elections remain .
Key Observations: A Welcome Step Towards Equality
The Court emphasized the transformative nature of this initiative, stating:
"This initiative of ensuring adequate representation to women members of the Bar has occurred for the first time and is a welcome step in our collective journey towards equal representation of women in the legal profession."
It expressed confidence that the court-created mechanism would encourage more women to contest Bar Council elections in the future.
The Decision: Mechanism to Stay Until Parliament Acts
The Supreme Court the with these clarifications, reiterating that the mechanism will remain in force until Parliament and the Executive provide an . For the , which has only fifteen members, only one woman member will be co-opted. The Court also allowed and all pending applications.
