Supreme Court directs 30% reservation for women in State Bar Councils

The Supreme Court on Thursday, December 4, 2025, directed the Bar Council of India (BCI) to provide 30% reservation for women in the upcoming State Bar Council elections to give effect to the “constitutional ethos” that mandates such representation.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing two public interest petitions filed by Supreme Court lawyers Yogamaya MG and Shehla Chaudhary, pointing out the very under-representation of women and other marginalized groups in Bar Council bodies across the country.

“Considering constitutional morality, recent legislative initiatives and orders passed by this Court from time to time, we expect the Bar Council of India to interpret the existing rules/framework to ensure that 30% of the seats in each State Bar Council are occupied by women members,” the Bench said. He added that this reservation would apply not only to elected positions but also to incumbents in each State Bar Council.

Explaining that the rules in force will be deemed to have been amended to include such a reservation, the Board instructed BCI to record the steps taken for compliance by December 8.

Senior advocate Shobha Gupta, appearing for the petitioners, argued that the current selection scheme under the Advocates Act, 1961, has led to systematic exclusion of women. He noted that the five-stage Bar Council elections, scheduled to be held between January and April 2026, are proceeding without any provision for women’s representation, which will leave women deprived of guaranteed participation for another five-year term unless the court intervenes.

However, senior advocate Gurukumar, speaking on behalf of BCI, argued that making such a reservation would require amendment to the 1961 Act. He also noted that many State Bar Councils had already started their election processes, making it difficult to implement any changes in such a short time.

The Chief Justice, however, assured the bar association that the Court would supervise the implementation of such reservation. “We will solve problems as they arise. You will come out with a notification on Monday,” he said.

The arguments were filed based on the high court’s decision on May 2, 2024, that one-third of the seats on the executive committee of the Supreme Court Bar Association be reserved for women, including one civil servant position.