Supreme Court Reserves Four Posts For Women In SCAORA Elections
Court heard a plea today which argued that exclusion of women from fairly reserved electoral opportunity for the 2026–2028 term would become practically irreversible, and any post-election remedy would be illusory.
Court noted that noted that the Bar has had a good experience with the election of AoR Pragya Baghel as Secretary of the Supreme Court Bar Association.
The Supreme Court today directed that the posts of Secretary and Joint Treasurer, as well as two Executive Members posts, may be earmarked for women Advocates-on-Record for the elections of the Supreme Court Advocates on Record Association.
A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, while invoking its power under Article 142. It accordingly directed, "Issue pertains to ensuring adequate representation to women AoRs in the composition of Executive Committee of SCAORA. Both sides, graciously and fairly, on our suggestions agreed that in ensuing elections, Secretary and Joint Treasurer and 2 EC member posts may be earmarked for representation of women AoRs. Invoking Art.142 power, we order accordingly."
A writ petition was filed by Vivya Nagpal, an active Advocate-on-Record practicing before the Supreme Court. Recognizing the systemic lack of female representation in SCAORA's Office Bearer positions, Nagpal sought to enforce the fundamental rights of women AORs under Articles 14, 15, and 21, specifically praying for a mandatory minimum of 33% (one-third) reservation for women members in the Office Bearers and Member Executives of SCAORA.
Nagpal moved court against the Election Notice dated April 8, 2026 issued by SCAORA, which formally scheduled the elections for the 2026-2028 term to be held on April 29, 2026. By inviting nominations for all 12 posts under its unamended, exclusionary bye-laws, the said Notice was argued to violate the fundamental rights of women Advocates-on-Record under Articles 14, 15, and 21 of the Constitution of India, effectively sealing their exclusion from institutional leadership for another full term.
"Despite being integral to the administration of justice, the current Constitution, Bye-Laws, and Election Rules of Respondent No. 1 completely lack any mechanisms for women’s representation in the Association. It is a matter of record that Respondent No. 1 has seen negligible representation of women in its Office Bearer positions," the court was told.
The plea relied on the Supreme Court's recent decisions on women representation like Supreme Court Bar Association v. B.D. Kaushik (2024), wherein Court mandated a minimum 33% reservation for women in the SCBA Executive Committee. Subsequently, in Yogamaya M.G. v. Union of India (2025), a mandatory 30% reservation was imposed across all statutory State Bar Councils. Nagpal also relied on the decision Further, in Deeksha N. Amrutesh v. State of Karnataka, wherein Court invoked Article 142 to enforce a 30% reservation in the Advocates' Association, Bengaluru.
Nagpal's legal action has now successfully dismantled barriers to institutional leadership, ensuring that women have a guaranteed and rightful place at the highest levels of the association's decision-making body.
Senior Advocate Gaurav Agarwal appeared for Nagpal. The plea was drafted and filed by AOR Ekansh Bansal. Advocates Syed Sarfaraz Karim, Akshata Sharma, Osheen Jain, and Priyanshu Kumar appeared as assisting counsels.
Case Title: Vivya Nagpal vs. Supreme Court Advocates-On-Record Association & Ors.
Hearing Date: April 13, 2026
Bench: CJI Kant and Justice Bagchi