The Supreme Court on Tuesday modified its earlier order, permitting the Advocate Association of Bengaluru (AAB) to introduce a new post of vice-president in its bar body. Elections for the position are set to take place in the coming weeks.

A bench comprising Justices Surya Kant and N Kotiswar Singh issued the order in response to multiple intervention applications filed by association members advocating for the creation of the post.

This development follows the court’s January 24 decision to reserve the treasurer’s post exclusively for women, even after the election process had commenced and male candidates had already filed nominations.

With the latest ruling, the court has allowed male candidates, who had filed their nominations for treasurer before the January 24 directive, to either contest for other positions or withdraw from the race. Additionally, the bench approved the reservation of 30% of governing council seats in AAB for women.

The Supreme Court directed that nominations be filed within a week, with elections to be conducted within three weeks. It further clarified that if any eligibility criteria exist for specific posts in the association’s regulations, they must be strictly followed.

Push for Women’s Representation in Bar Associations

The court invoked its plenary powers under Article 142 of the Constitution, underscoring the necessity of women’s representation in elected bodies of legal professionals. It noted that the AAB’s memorandum and by-laws contained no explicit provisions for reserving seats for women candidates.

To ensure smooth implementation, the bench instructed the high-powered election oversight committee and the chief returning officer to extend the nomination period and, if necessary, postpone the election by a few days. However, any such decision would remain at the discretion of the committee and the returning officer.

The top court also mandated that at least 30% of elected members in AAB’s governing council should be women with a minimum of 10 years of legal practice.

Precedents in Other Bar Associations

The petition, filed by women lawyers, sought the implementation of gender-based reservations, citing past Supreme Court directives in the Delhi High Court Bar Association case.

The court has previously upheld similar reservations, directing:

• Delhi Sales Tax Bar Association & Delhi Tax Bar Association – Treasurer’s post and 30% of executive committee seats reserved for women.
• National Green Tribunal Bar Association – 33% seats reserved for women (January 20 ruling).
• Delhi High Court Bar Association (DHCBA) – Three posts reserved for women (December 2024 ruling).
• District Bar Associations – Treasurer’s post and 30% of other executive committee seats reserved for women.

On September 26 last year, the Supreme Court had also directed the DHCBA to reserve the treasurer’s post and another office-bearer position in its five-member leadership body for women.

This series of rulings reflects the apex court’s firm stance on increasing women’s representation in bar associations nationwide.