Supreme Court To Examine Plea Seeking 30% Women's Reservation In Government Panels, Law Officer Positions

The Supreme Court on Wednesday issued notice in a petition seeking implementation of a minimum 30% reservation for women advocates in all High Court panels, Government law officer positions, and Central and State Government/Public Sector Undertaking empanelments so as to secure effective enforcement of the fundamental rights guaranteed under Articles 14, 15(3), 19(1)(g) and 21 of the Constitution of India.

A CJI Surya Kant led bench also asked the petitioners to implead the Bar Council of India as a party in the petition.

Arguing that Government legal panels and law officer appointments constitute a critical component of the State’s legal representation before constitutional courts, tribunals and other judicial fora across the country, the plea by Ladli Foundation Trust states, "These positions significantly influence the development of public law, constitutional interpretation, and the defence of governmental policies affecting millions of citizens. The process of empanelment to such positions is therefore expected to reflect the constitutional mandate of equality, fairness and inclusivity. However, empirical data demonstrates that women remain severely underrepresented in such panels and institutional legal positions, thereby necessitating judicial intervention to ensure adequate representation of women within State legal teams."

Court has been told that while women increasingly enter law schools and the legal profession in significant numbers, their representation declines sharply in positions of professional authority. Statistical data indicates that out of approximately 1.54 million advocates enrolled across India, only about 284,507 are women, constituting approximately 15.31% of the legal workforce.

"This imbalance is further reflected in the higher judiciary. In the 35 years since Justice M. Fathima Beevi became the first woman judge of the Supreme Court in 1989, only 11 women have ever been elevated to the Supreme Court of India. Presently, women constitute approximately 5.88% of judges in the Supreme Court and about 13.76% of judges in the High Courts, despite forming a much larger proportion of entry-level legal professionals. This phenomenon has been described in legal scholarship as “pyramidal exclusion,” where women enter the profession in significant numbers but gradually disappear from higher institutional positions due to structural barriers and lack of institutional opportunities," the plea states.

Arguing that government legal panels function as critical professional platforms that provide advocates with opportunities to conduct constitutional litigation, gain institutional visibility, and build professional reputations and that these panels frequently operate as feeder pools for judicial elevation and leadership positions within the Bar, Supreme Court has been told the systemic exclusion of women from such panels directly affects their professional advancement within the legal system.

The underrepresentation of women, as per the Foundation, is also evident in Union law officer positions. In more than 75 years since independence, no woman has ever been appointed as the Attorney General of India or the Solicitor General of India, and none of the Additional Solicitors General assigned to various High Courts are women. These statistics demonstrate the persistence of structural barriers within the highest levels of government legal representation, the petitioners submit.

The plea relies on India Justice Report 2022, as per which 13 out of 17 large states have less than 30% women panel lawyers, with several states reporting extremely low representation. States such as Odisha (14.2%), Uttar Pradesh (14.6%), Madhya Pradesh (15.6%), Jharkhand (15.7%), Telangana (18.1%) and Bihar (18.13%) reflect particularly low levels of representation. The average representation of women panel lawyers across major states remains approximately 25.3%, demonstrating a nationwide pattern of institutional exclusion.

Supreme Court Bar Association’s 2026 national survey titled ‘Documenting Voices of Women Legal Professionals in India’, conducted across 2,604 women advocates spanning 23 State Bar Councils has also been cited. The survey reveals that 55.5% of respondents/participants reported that government panel appointments are easier for men than for women, and 67.28% supported a mandatory government policy to ensure adequate representation of women advocates as panel counsel and law officers.

"Significantly, not a single respondent among 2,604 women legal professionals had ever served as Attorney General for India, Solicitor General of India, Additional Solicitor General at the Supreme Court level, or Advocate General of any State. While the survey reflects the perceptions and experiences of respondents rather than administrative census data, it provides evidence that the structural exclusion documented in official reports is experienced as a lived professional reality by women advocates across every region and jurisdiction of India," it adds.

The petitioners have also relied on the Constitution (One Hundred and Sixth Amendment) Act, 2023, popularly known as the Nari Shakti Vandan Adhiniyam, mandating 33% reservation for women in legislative bodies, reflects a clear national policy commitment towards enhancing women’s participation in governance.

Senior Advocate Vikas Singh appeared before the bench along with Advocate Varun Singh and AOR Mudit Gupta.

Case Title: Ladli Foundation Trust vs. Union of India

Bench: CJI Surya Kant, Justice Bagchi and Justice Pancholi

Hearing Date: May 20, 2026