SC Reserves Post Of Treasurer In Bengaluru Bar Body For Women Lawyers

The apex court said it was 'high-time' to provide women reservation in different elected bodies of advocates, as it invoked its powers under Article 142.

New Delhi: The Supreme Court on Friday, exercising its plenary powers, reserved the post of treasurer in Bengaluru advocates association for women lawyers.

The matter came up for hearing before a bench comprising justices Surya Kant and N Kotiswar Singh. The bench exercised its powers under Article 142 of the Constitution, while observing the election for the bar body was scheduled on February 2 and the nomination process was over. The apex court said it was 'high-time' to provide women reservation in different elected bodies of advocates, as it invoked its powers under Article 142. “We deem it appropriate to invoke our powers under Article 142 of Constitution and direct as follows - (i) the post of treasurer shall be exclusively earmarked for women candidates”, said the bench. It noted that there were no express provisions in the memorandum and by-laws, where seats for the women candidate of the association have been earmarked.

The bench led by Justice Kant directed the high-powered committee, which was constituted to oversee the election and the chief returning officer for the bar body polls, to extend the date for inviting nominations. The bench said that if there is a possibility then the election should be deferred for a few days. A counsel urged the bench to relax the 10-year experience criteria to allow more participation from young lawyers in the governing council. The bench accepted this contention and ordered an arrangement, like the one it had ordered for implementation in Delhi High Court Bar Association elections case, in the Advocate Association of Bengaluru, which completed its term on December 19.

The apex court passed the order while hearing a plea filed by a woman lawyer seeking implementation of directions of women reservation, as issued in case of Delhi High Court Bar Association. Last year, the apex court had directed for reserving seats for women lawyers including the post of treasurer. Recently, the apex court had directed reserving the treasurer's post and 30 per cent seats for women lawyers in the executive committee of Delhi Sales Tax Bar Association and Delhi Tax Bar Association. The apex court, on January 20, directed 33 per cent seats would be reserved for women lawyers’ in the election of the National Green Tribunal bar association.