Bar Councils Have Become 'Men's Clubs': Supreme Court Orders Two Women Co-opted Members In Every State Bar Council

The Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the directions while hearing a batch of petitions concerning elections to the Bar Council of India (BCI) and State Bar Councils.

Expressing concern over the functioning of Bar Councils, the Chief Justice remarked, "Bar Councils have become men's clubs. We may observe that people take it like a monopoly. This has to be completely dismantled."

To strengthen women's representation, the Court directed that every State Bar Council shall have two co-opted women members. It specified that one member should be a former judge of the jurisdictional High Court, while the other should be a senior woman advocate of impeccable standing at the Bar.

The Bench clarified that both co-opted members must remain independent of the electoral process.

"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 in relation to women candidates, the Bench referred the matter to the High-Powered Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia.

The Committee has been directed 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 supervise elections to the Bar Council of India and State Bar Councils across the country and to resolve election-related disputes.

The proceedings relate to the implementation of the reservation framework for women in State Bar Councils, under which women are entitled to 30% representation. As per the existing framework, 20% of the seats are to be filled through direct elections, while the remaining 10% are to be filled through co-option.