New Delhi: The Supreme Court on Thursday asked the Supreme Court Bar Association (SCBA) to reserve one-third of its posts for women.
A bench comprising Justices Surya Kant and K V Viswanathan said that one post in the administration of the SCBA should be reserved for women, beginning with the post of treasurer in the elections this year.
The bench said that at least three of the nine junior executive members and two of the six senior executive committee members of the bar association should be women. The apex court also observed that there is a need for updating the eligibility conditions, fees etc of the members, and it should be done by taking suggestions from all members.
The apex court passed the order dealing with a miscellaneous application filed by advocate Kumud Lata Das, who sought reforms in the SCBA electoral process and announcement of the date of the election.
"We are of the view that the SCBA is a premier institution and is an integral part of the highest judicial forum of the country. The norms, eligibility conditions, membership, membership fee structure etc., cannot remain static for decades and timely reforms to meet with the challenges that may confront the institution from time to time, are required to be carried out. However, such reforms need to be brought after due consideration of the suggestions from the members of the Bar", observed the bench.
The apex court said: "We are, however, of the view that notwithstanding any resolution passed by the Special General Body of SCBA, some of the posts in the Executive Committee must be reserved for women members of the Bar. We, accordingly, direct that hitherto including for the ensuing election there shall be reservation for women members of the Bar to the following effect: (i) Minimum of 1/3rd seats in the Executive Committee i.e., 3 out of 9. (ii) Minimum 1/3rd out of the Senior Executive Members i.e., 2 out of 6. (iii) At least one post of the Office Bearer shall be reserved for women candidate exclusively by turn and on rotation basis. (iv) In the ensuing election for 2024-2025, the post of Treasurer of the Executive Committee is reserved for women".
The bench said that though no clarification is required, however, to remove any sort of doubt, it is made clear that reservation is only to guarantee a minimum and women members of the SCBA, subject to their eligibility, shall be entitled to contest the election for all the posts in the Executive Committee.
The bench also said: "We have also considered the suggestions and modalities for conducting the election of the Executive Committee of the SCBA, which will become due to expiry of the term of the current office bearers on 18.05.2024. In this regard, after considering the view point of various members, it is directed that: (i) The election of the officer bearers of the SCBA and the Executive Committee shall be held on 16.05.2024. (ii) The election shall be held on the basis of the voter list as was finalized in the election for the year 2023."
The application was filed in a 2011 judgment in which the apex court had dealt with the SCBA rule regarding the eligibility of the members to contest and vote at an election. The detailed order in the matter has not been uploaded on the apex court's website. The top court directed that the elections for the 2024-25 term should be held on May 16, 2024, and the date of counting should be May 18.
