Court mandates adherence to Supreme Court's directive for women's reservation in Bar Association elections, reinforcing compliance with constitutional provisions.
In a pivotal judgment, the Allahabad High Court has directed the Lucknow Bar Association to reschedule its elections to ensure compliance with the Supreme Court's directive mandating 30% reservation for women in Bar Association elections. The decision, delivered by a division bench comprising Justices Rajan Roy and Manjive Shukla, underscores the binding nature of the Supreme Court's orders under Articles 142 and 144 of the Constitution of India.
The case, a Public Interest Litigation (PIL) filed by Advocate Soni Sharma, arose from the Lucknow Bar Association's non-compliance with the Supreme Court's order regarding women's reservation. Despite the Supreme Court's directive issued in February 2026, the Lucknow Bar Association had announced election schedules without incorporating the mandated reservation, prompting legal action.
The High Court emphasized that the Supreme Court's orders are obligatory for all Bar Associations across the country, and any election schedule that contravenes these directives must be revised. The court rejected the argument that the 30% reservation was unjustified due to a lower number of female members in the association, stating that the reservation percentage is not subject to modification by lower courts or associations.
During the proceedings, the court acknowledged submissions from various counsels, including the petitioner’s counsel Rohit Mishra and representatives for the Lucknow Bar Association. The court concluded that any deviation from the Supreme Court's mandate could not be justified, and thus, the elections must be rescheduled to reflect the requisite women's reservation.
In compliance with the High Court's order, the Lucknow Bar Association is required to issue a fresh notification for elections within 24 hours and complete the process within the timeline previously set by a coordinate bench of the court.
This ruling not only impacts the Lucknow Bar Association but also serves as a precedent for other Bar Associations in Uttar Pradesh and beyond, reaffirming the necessity for all civil and judicial authorities to act in aid of the Supreme Court as per Article 144 of the Constitution. The court has disposed of the petition at the admission stage, noting that no further counter affidavits were necessary given the clear directives from the Supreme Court.
Bottom Line:
Reservation for women in Bar Association elections mandated by Supreme Court under Article 142 of the Constitution of India must be complied with by all Bar Associations, including Lucknow Bar Association.
Statutory provision(s): Article 142, Article 144 of the Constitution of India
