Supreme Court directed 30% reservation for women in State Bar Councils

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In Summary

The Supreme Court mandated 30% women representation in State Bar Councils, with 20% elected and 10% co-opted, addressing gender gaps in judiciary and legal institutions.

In Summary

Supreme Court directed that 30% of the seats in the State Bar Councils – where elections are yet to be notified – must be represented by women advocates.

For present year, court ordered 20% of seats to be filled by way of election of women members, and 10% by co-option.
- Co-option is the process whereby a person is appointed to the membership of an organization/group/council by invitation of the existing members.

About Bar Council

Advocates Act 1961 provides for establishment of Bar Council of India (BCI) and State Bar Councils (SBCs) in each state.
SBCs admit persons as advocates on its roll and safeguards their rights, privileges and interests while BCI lays down standards of professional conduct and exercise supervision and control over SBCs.

Status of Women in Judiciary

Presently, there is no woman member in the 20-member BCI while across SBCs, women comprise merely 9 of 441 representatives.
In higher judiciary, since independence, Supreme Court has only had 11 women judges, while only 13.4% of judges in High Courts are women.
State of the Judiciary Report (2023) showed 36.3% of women are in the district judiciary.

Barriers to Women representation in judiciary:

Entry-level barriers: The Judicial Service Rules in states require continuous legal practice, often difficult due to family responsibilities.
Retention Challenges: Career progression is hindered by rigid transfer policies and lack of supportive structures.
Infrastructure Gaps: Courts often lack women’s washrooms, creche facilities and family friendly rooms.
Cultural Norms: Patriarchal norms prohibit the entry of women to the judiciary.