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Dec  19- 2025

SUPREME COURT EXTENDS 30% WOMEN RESERVATION IN STATE BAR COUNCILS

Introduction

In a significant step towards strengthening gender representation in the Legal Profession, the Supreme Court of India has extended its mandate of 30% reservation for women advocates to the Bar Councils of Telangana and Andhra Pradesh. The order forms part of the Court’s continuing supervision over State Bar Council elections and reflects its commitment to institutional reforms and inclusivity within the Legal Fraternity.

This case refers to a significant Public Interest Litigation (PIL) filed by advocate Yogamaya M.G. in the Indian Supreme Court, focusing on gender representation and inclusion in Bar Councils and seeking wider application of the Sexual Harassment of Women at Workplace (POSH) Act to political parties. The case led to the Supreme Court mandating at least 30% women’s reservation in State Bar Councils, pushing for structural reforms for marginalized groups, and directing the petitioner to approach the Election Commission regarding the POSH Act’s scope for political parties, highlighting issues of deep underrepresentation in legal governance. 

The decision was delivered by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, while hearing interlocutory applications filed in Yogamaya M.G. v. Union of India & Ors. seeking clarification and extension of the Court’s earlier directions dated 8 December.

Background of the Case

The proceedings arise from a broader challenge concerning structural gender imbalance in elected bodies of State Bar Councils across India. Recognising the persistent under-representation of women advocates, the Supreme Court, in its order dated 8 December, had directed that:

  • 30% of the total seats in State Bar Councils (where elections were yet to be notified) must be represented by women advocates;
  • Of these, 20% seats were to be filled through elections, and
  • 10% through co-option, where necessary.

However, Paragraph 4 of the December 8 order had excluded the Bar Councils of Telangana and Andhra Pradesh, considering representations that electoral processes in those States were allegedly underway. This exclusion became the subject matter of the present interlocutory applications.

Key Aspects of the Case:

  • Women’s Reservation in Bar Councils:

The core issue involves the glaring lack of women in State Bar Councils (only 9 women out of 441 seats at one point). The Supreme Court directed the Bar Council of India (BCI) to ensure 30% women’s representation, using co-option if elections fall short, treating it as a non-negotiable mandate.

  • Inclusion of Marginalized Groups:

The petition sought proportional representation for women, queer individuals, and disabled persons in Bar Councils under the Advocates Act, 1961.

  • POSH Act Applicability:

Yogamaya M.G. also petitioned to extend the POSH Act to political parties, arguing for mandatory Internal Complaints Committees (ICCs) to protect women in those structures, noting a systemic gap. The court directed her to approach the Election Commission first on this.

  • Judicial Directives:

The Supreme Court has actively pushed for these reforms, emphasizing judicial activism to ensure constitutional values of equality (Articles 14, 15, 16, 21) are upheld in the legal profession’s governance. 

Proceedings Before the Supreme Court

During the hearing, BCI Chairman Advocate Manan Kumar Mishra submitted that the first phase of elections for the Telangana Bar Council had commenced.

However, Senior Advocate Shobha Gupta, appearing for the applicants, clarified that the election notification had not yet been issued, and was only proposed to be issued on 20 December. She further pointed out that even after issuance of notification, nominations would commence only from 29 December, leaving sufficient scope for compliance with the Court’s reservation directive.

The CJI agreed with this submission, observing that the electoral process had not progressed to a stage that would make compliance impracticable. It was also brought to the Court’s notice that no election notification had been issued for the Andhra Pradesh Bar Council either.

Modification of the December 8 Order

Taking note of the above submissions, the Bench proceeded to modify its earlier order. The Court held that the exclusion of Telangana and Andhra Pradesh from Paragraph 4 was erroneous and required correction.

The operative clarification stated:

“Paragraph 4 of our order dated 8th December is liable to be corrected. Consequently, it is directed that the Bar Councils of Telangana and Andhra Pradesh shall stand deleted from Paragraph 4 and shall be included in Paragraphs 6 and 7 onwards.”

This clarification effectively brought both Telangana and Andhra Pradesh Bar Councils within the ambit of mandatory 30% women representation.

Applicability of Paragraph 6: Reservation Mechanism

Paragraph 6 of the December 8 order, now applicable to Telangana and Andhra Pradesh, lays down a structured mechanism:

  • 30% of total seats in the State Bar Council must be represented by women advocates;
  • 20% seats to be filled by election;
  • 10% seats by co-option, where necessary;
  • Where an insufficient number of women candidates contest elections, remaining seats must be filled through co-option to ensure full 30% representation;
  • Any proposal for co-option must be placed before the Supreme Court for approval.

This framework ensures that the reservation mandate is substantively achieved, rather than rendered illusory due to lack of participation or structural barriers.

Observations on Institutional Support and Non-Cooperation

The Bench was also apprised of issues relating to non-cooperation by certain Bar Council members in implementing the Court’s directions. Addressing this concern, the CJI emphasized the importance of institutional encouragement and visibility for women advocates entering elected leadership roles.

The Court observed that symbolic recognition could play a meaningful role in fostering acceptance and participation, and accordingly requested:

“We would request the Bar Council of India and Mr. Manan Mishra to invite all the elected women members throughout the country and to have a formal felicitation function for them.”

This direction underscores the Court’s view that gender representation is not merely a numerical exercise, but one requiring cultural and institutional endorsement.

Five-Phase Schedule for State Bar Council Elections

The Supreme Court has also laid down a five-phase election schedule to ensure uniformity and timely conduct of elections across States:

  • Phase 1: Uttar Pradesh, Telangana – to be completed by 31 January 2026
  • Phase 2: Andhra Pradesh, Delhi, Tripura, Puducherry – by 28 February 2026
  • Phase 3: Rajasthan, Punjab & Haryana, Jharkhand, West Bengal, Karnataka, Gujarat – by 15 March 2026
  • Phase 4: Meghalaya, Maharashtra – by 31 March 2026
  • Phase 5: Tamil Nadu, Kerala, Assam – by 30 April 2026

The inclusion of Telangana and Andhra Pradesh within this structured schedule further reinforces the Court’s supervisory role in ensuring compliance with its reform-oriented directions.

Legal Representation

The applicants in the interlocutory applications were represented by Advocate Narendar Rao Thaneer and Advocate Amol B. Karande, while Senior Advocate Shobha Gupta assisted the Court on crucial procedural aspects.

Significance of the Judgement

This order marks a substantive advancement in gender equity within the legal profession, particularly in regulatory and representative bodies such as State Bar Councils. By extending the reservation mandate to Telangana and Andhra Pradesh, the Supreme Court has reaffirmed that procedural timelines cannot be used to dilute constitutional and institutional commitments to inclusivity.

The judgement also signals the Court’s intent to move beyond formal equality and adopt corrective mechanisms to address historical under-representation of women in legal governance.

To Sum Up the Case

The Supreme Court’s extension of 30% women reservation to the Bar Councils of Telangana and Andhra Pradesh represents a decisive step towards democratizing professional representation in the legal ecosystem. Through careful monitoring, structured implementation, and emphasis on institutional recognition, the Court has sought to ensure that women advocates are not merely present, but meaningfully represented in decision making bodies of the Bar Council.

‘This ruling is likely to serve as a benchmark for future reforms in professional self-regulatory institutions across the country.’