ByAbraham Thomas, New Delhi
May 03, 2024 07:24 AM IST
Despite the resolution of special general body disapproving reservation for women, the court was of the firm view that a start must be made by reserving at least one-third posts for women
The top court on Thursday paved way for women to hold top posts in the country’s premier bar body – Supreme Court Bar Association (SCBA) by directing one-third reservation for women in executive member posts and office bearer positions and implemented the same from this year’s election to be held on May 16.
The top court’s ruling came just days after a special general body of the SCBA shot down the resolution for having women reservation in SCBA Executive Committee in its meeting held on April 30. The resolution received 291 votes in its support while an overwhelming majority of 800 lawyer rejected it leading to the resolution getting dropped. A bench of justices Surya Kant and KV Viswanathan noted with anguish that out of eight resolutions relating to eligibility to contest SCBA polls, not one was passed.
Unlock exclusive access to the latest news on India’s general elections, only on the HT App. Download Now! Download Now!
“We are of the view that the SCBA is a premier institution and is an integral part of the highest judicial forum of the country,” the bench said.
Despite the resolution of special general body disapproving reservation for women, the court was of the firm view that a start must be made by reserving at least one-third posts for women.
“Some of the posts in the Executive Committee must be reserved for women members of the Bar,” the court said, adding that three out of nine executive committee seats and two out of six senior executive member posts will be reserved for women. In addition, for the post of president, vice-president, secretary, joint secretary, treasurer and joint treasurer, the court said, “At least one post of the office bearer shall be reserved for women candidate exclusively by turn and on rotation basis.”
The court fixed the date for the upcoming SCBA elections on May 16 and counting of votes on May 19, stating, “In the ensuing election for 2024-2025, the post of treasurer of the executive committee is reserved for women.”
During the proceedings, SCBA president and senior advocate Adish Aggarwala also that he favours the reservation for women. The matter was raised first before Delhi high court in a petition filed by petitioner lawyer MG Yogmaya through advocate P Sriram seeking sufficient women representation in the SCBA executive committee.
On February 29 this year, the HC disposed the matter on an assurance by Aggarwala that the general body will meet within two months to decide on this issue. Aggarwala did not respond despite repeated attempts made to contact him for his remarks over the issue.
The top court order observed that the norms, eligibility conditions, membership, membership fee structure etc., cannot remain static for decades. It said, “Timely reforms to meet with the challenges that may confront the institution from time to time, are required to be carried out.”
The court directed the executive committee of SCBA to invite suggestions from all bar members on the eight resolutions that will be considered by the top court in its next hearing. These eight resolutions, besides women reservation, also included eligibility to hold one post for more than four years, eligibility conditions to contest for the post of office bearer including length of practice and fee to be deposited, revision of admission fee for SCBA members, eligibility conditions for contesting on other posts in SCBA executive committee, among others.
