SC says Bar Councils have become 'men's clubs'; directs High Court CJs to nominate co-opted women members
New Delhi, August 4
The Supreme Court on Tuesday observed that Bar Councils have increasingly become "men's clubs" and said the monopoly over their functioning must be dismantled, while directing the Chief Justices of jurisdictional High Courts to nominate two co-opted women members to every State Bar Council.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana made the observations while hearing a batch of petitions relating to elections to the Bar Council of India (BCI) and State Bar Councils.
"Bar Councils have become men's clubs. We may observe that people take it like a monopoly. This has to be completely dismantled," the CJI remarked during the hearing.
The Court has also directed that the Chief Justices of the jurisdictional High Courts shall nominate two co-opted women members to every State Bar Council -- one being a former judge of the High Court and the other a senior woman advocate of fair standing at the Bar.
The Court clarified that the co-opted members should be persons who have nothing to do with the election process so that they function as independent and neutral members.
"As far as co-option is concerned...10% we always had in mind. There should be co-option of those who don't have anything to do with elections," the Court observed.
The Court further clarified that an unsuccessful woman candidate in a State Bar Council election would not be disqualified from being considered for co-option.
On the issue of determining transferable votes, particularly for women candidates, the Court referred the matter to the High-Powered Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia.
The Committee has been asked to reconsider the methodology after inviting suggestions from members of the Bar and granting them an opportunity of oral hearing.
The Supreme Court had earlier constituted the High-Powered Supervisory Committee under Justice Dhulia to oversee elections to the Bar Council of India and State Bar Councils across the country and to resolve election-related disputes.
The matter relates to the implementation of the reservation framework for women in State Bar Councils. Under the existing scheme, women are to have 30% representation, with 20% of the seats filled through direct elections and the remaining 10% through co-option.
— ANI
Reader Comments
This is a welcome step, but I have my reservations. The SC has ordered High Court CJs to nominate members - won't this give too much power to the judiciary? And what about the democratic process? The bar councils are meant to be elected bodies of lawyers, not institutions where judges pick members. The intention is good, but the method seems questionable. 🤔
"Men's clubs" - finally someone said it loud and clear! In our district court, women are only called to handle "soft" cases. The bar council office has no washroom for women even today. This judgment is a solid first step, but women need to come forward and participate actively too. Let's break this glass ceiling together 💪
I understand the need for women's representation, but co-opting members just because of their gender? The order fails to consider merit and qualifications. There are plenty of competent women lawyers, but the Court should have set clear criteria for their selection. Also, doesn't this indirectly dilute the electoral mandate of bar councils? Three judges of the SC making such sweeping changes to the legal framework needs more deliberation.
Great judgment but we need to see how this actually plays out. The High Courts' CJs may nominate women who are close to the political establishment. Also, we must ensure that co-opted members get voting rights and can actively participate in the functioning of the councils. Half-hearted representation won't change the status quo. Still, let's welcome this move with cautious optimism 😊
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