In response to pleas seeking reservation for women lawyers, the Delhi High Court Bar Association (DHCBA) has submitted that, as a private "association" of lawyers, it cannot implement reservations within its structure.

"the ideology of the DHCBA and its members, is borne out of merit and inclusion. The members of the DHCBA believe that the selection of the candidates should be purely merit-based and that there should be no reservation for any class of members", says the Association in its affidavit.

Last month, the Supreme Court urged the Delhi High Court Bar Association (DHCBA) to consider reserving the post of Vice-President for women lawyers in its upcoming elections. The bench expressed disappointment that, since 1962, the Bar has yet to elect a single woman as President.

The Court subsequently mandated that the Delhi High Court Bar Association implement women's reservation for certain posts. It directed that a General Body meeting of the DHCBA be convened as soon as possible, within a maximum of 10 days.

The General Body was tasked with considering the option of reserving the post of Treasurer for women members. Additionally, it was given the discretion to assess the possibility of reserving one more office bearer position in the Bar Association for women members.

The DHCBA argues that reserving a post for any specific class or category of members would have implications that could complicate the functioning of the Association.

"This would lead to other classes and categories coming forward and seeking similar relief. The Association, was formed in 1962, has worked till date in absolute harmony and has over a period of time, constantly and organically evolved in aligning itself with the ever-changing aspirations of its members, without appeasement of any particular class of members."

"For the election scheduled to be in the year 2024, certain candidates had announced their candidature in 2022, i.e., immediately after the conclusion of the then DHCBA Elections. Thus, the prayers sought for by the Petitioners that the reservation be permitted for the present elections is not feasible and in fact, unfair to the candidates who have already been working hard towards the elections and towards making a contribution to the work of the DHCBA."

The DHCBA also challenges the locus and intentions of the petitioners, noting that petitioner Aditi Chaudhary was only enrolled in 2022, whereas eligibility for the position of Treasurer requires at least 10 years of enrollment with the Bar Council of Delhi. The DHCBA suggests that "the petitioner and her petition serve as a front for a candidate vying for the post of Treasurer."

The DHCBA’s affidavit further asserts that petitioner Shobha Gupta failed to disclose in her petition, "disguised as a Public Interest Litigation," that she had previously contested for the position of Member of the Bar Council of Delhi in the last elections. The affidavit also claims that she is likely to contest again in the upcoming elections, suggesting that her petition is motivated by self-interest and should be dismissed.

The DHCBA further asserts that voters in Bar elections are intelligent and discerning, and any appeal based solely on gender is likely to be rejected.

"The voters participating in these elections are intelligent and discerning. There have been numerous examples where candidates not having a clean record have been rejected by the electorate or have been voted out of power...candidates simply appealing to a particular cast, lobby or gender have often failed in their endeavour to be elected."