In a significant decision, the Supreme Court on Tuesday granted permission to the Advocate Association of Bengaluru (AAB) to create a new vice-president position within its bar body. The ruling, made by Justices Surya Kant and N Kotiswar Singh, came in response to several intervention applications from members of the association, advocating for the creation of this new post.
This decision modifies an earlier Supreme Court order that had reserved the treasurer post for female candidates only, issued on January 24 after the election process had already commenced and nominations were accepted from male candidates as well. The bench has now directed that those male candidates who had initially filed for the treasurer position may either contest for other posts or choose to withdraw.
The court also approved the creation of additional posts within AAB’s governing council, mandating that 30% of these seats be reserved for women. This move aligns with the court’s active stance on promoting gender equity within legal and professional bodies.
The nominations for the new vice-president post, as well as other positions, will be processed within a week, with elections scheduled to occur in three weeks. The bench further stipulated that any eligibility criteria outlined in the association’s regulations for specific posts must be strictly enforced.
This ruling is part of a broader judicial trend emphasizing increased representation for women in various elected legal bodies. On January 24, leveraging its plenary powers under Article 142 of the Constitution, the court had underscored the necessity of reserving the treasurer post for women lawyers, noting the absence of explicit provisions in the association’s by-laws for such a reservation.
Furthermore, the Supreme Court’s directive extends to ensuring that women advocates are adequately represented in the governing council of the Advocate Association of Bengaluru. The court has ordered that at least 30% of the elected members of the council be women, with a minimum of ten years of practice experience.
This decision reflects a continuation of the Supreme Court’s efforts to institutionalize gender balance in key roles within legal associations, as evidenced by similar mandates issued for other bar associations across the country, including the Delhi High Court Bar Association and the National Green Tribunal bar association.
