Court Orders Compliance with Supreme Court's Directive for Gender Representation in Bar Bodies
In a landmark decision, the Allahabad High Court, sitting in its Lucknow Bench, has directed the Bar Association of Sultanpur to implement a 30% reservation for women in its governing and executive bodies. This directive follows a series of orders from the Supreme Court of India aimed at ensuring gender representation in Bar Associations across the country.
The judgment, delivered by Justices Rajan Roy and Manjive Shukla, stems from a Public Interest Litigation (PIL) filed by Shashi Mishra, a member of the Sultanpur Bar Association. The PIL sought the enforcement of the Supreme Court's orders mandating 30% representation for women advocates in Bar Association posts, including key positions such as President, Vice President, General Secretary, and Treasurer.
The court emphasized that the Supreme Court's directive, issued under Article 142 of the Indian Constitution, is binding on all Bar Associations. The directive not only calls for gender representation but also includes provisions for rotational reservation for key posts, ensuring sustained participation of women in the leadership of Bar Associations.
In compliance with these directives, the Allahabad High Court has ordered the Sultanpur Bar Association to postpone its election schedule to accommodate these changes. The court has also specified the reservation of certain posts for women in the upcoming elections. For instance, the post of Treasurer is to be reserved for women in the current election and subsequently every third year. Similarly, the posts of General Secretary and Vice President will follow a rotational reservation pattern.
The judgment underscores the necessity of amending the bye-laws of the Bar Association to ensure compliance with the Supreme Court's directive. It also mandates that in cases where there is a shortfall in women candidates, the District Judges are authorized to nominate women to the executive committees.
The court's order has a broader implication, setting a precedent for other Bar Associations across India to follow suit, thereby promoting gender equality in legal bodies. The decision is expected to be a significant step towards empowering women in the legal profession, fostering inclusivity and diversity within Bar Associations.
The next hearing is scheduled for August 13, 2026, where the Sultanpur Bar Association is expected to present a revised election schedule in alignment with the court's order.
Bottom line:-
Women must be granted 30% reservation in the governing bodies and executive committees of Bar Associations in compliance with the Supreme Court's directions, including rotational reservation for key posts.
Statutory provision(s): Article 142 of the Constitution of India, Article 226 of the Constitution of India
Shashi Mishra v. Bar Council of U.P., (All)(DB)(Lucknow) : Law Finder Doc id # 2960920
