The Supreme Court of India has set a new directive to enhance female representation in State Bar Councils by mandating the nomination of two women members. These members will be nominated by the Chief Justice of the respective jurisdictional High Court, selected from either former women High Court judges or senior women advocates with commendable standings in the bar.
Details of the Court’s Directive
This decision was made by a bench consisting of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. The Court emphasized that these nominations would introduce objectivity, independence, and transparency into the State Bar Councils’ functioning. The criteria for choosing these women members include consideration of regional representation and the specific needs of the state.
Urgency and Implementation
The Court has urged the Chief Justices of all jurisdictional High Courts to expedite the nomination process to ensure that the State Bar Councils and their Executive Committees are established without delay. It was clarified that participation in Bar Council elections would not disqualify a woman advocate from being considered for nomination.
Resolution of Voting Methodology
In addition to the nomination process, the Supreme Court addressed the transfer of votes under the single transferable vote system in Bar Council elections. Given the differing opinions on this matter, the Court has referred it to a high-powered committee led by retired Justice Sudhanshu Dhulia for further review. The committee has been invited to consider submissions from interested Bar members within a week.
Efforts for Gender Representation
This move aligns with the Supreme Court’s ongoing efforts to ensure that 30% of State Bar Councils consist of women, a mandate deemed “non-negotiable” by the Court in December 2025. Where elections have concluded or been announced, any deficit in women’s representation is to be addressed through co-option.
Previously, the Court directed the Bar Council of India (BCI) to propose a mechanism for co-option to uphold this representation without disrupting the electoral process.
