The Supreme Court on Monday empowered District Judges across the country to nominate women members to the Executive Committees or Governing Bodies of Bar Associations within their jurisdiction. The Court issued the direction to help ensure 30 percent representation of women in those bodies.
The Court said District Judges may make such nominations when a Bar Association has enough women members, but those members could not contest the elections for some reason.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order.
Court Seeks Compliance With 30% Representation Rule
Earlier, the Supreme Court had directed the Registrar Generals of all High Courts to verify compliance with its direction on 30 percent representation of women lawyers as office-bearers or executive members in Bar Associations.
The Court had also asked the Registrar Generals to submit reports on compliance.
Jayna Kothari Flags Incomplete Reports
When the matter came up today, Senior Advocate Jayna Kothari informed the Court that some High Courts had filed detailed compliance reports. She added that some other High Courts had filed only “sketchy” reports.
She also pointed out that certain Bar Associations were still not meeting the 30 percent representation requirement.
District Judges Given Power to Nominate Women Members
In this background, the Court directed: “Where there are sufficient women members available and for some reason they could not contest the elections, the district judges are given right to nominate women members on the executive committee of the respective bar associations in their jurisdiction and send compliance report to Registrar Generals of High Courts. Registrar Generals will then collate and forward [data] to this Court.”
Only 11 High Courts Filed Compliance Reports
The Bench also noted that only 11 High Courts had submitted compliance reports.
According to the Court, those reports were expected to answer the following questions:
- Whether Bar Associations in their jurisdictions have adequate representation of women in the executive body?
- Whether the Bar Associations have included a requirement of 30% representation for women in the bar associations?
- What are the remedial measures that have been taken by such Bar Associations where the Court’s directions could not be complied?
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