The Delhi High Court has deferred the upcoming Bar Council elections in the national capital to December 13, 2024, pending a significant Supreme Court hearing that could influence the election procedures, specifically regarding the reservation for women in Bar positions.
This decision was rendered by a full bench of the Delhi High Court, including Chief Justice Manmohan and Justices Vibhu Bakhru and Yashwant Varma, on October 1, 2024. The postponement follows an application from the Secretary of the Delhi High Court Bar Association (DHCBA) to delay the elections initially slated for October 19, 2024. The application was made in light of pending legal debates over gender representation within the Bar’s leadership.
The court noted in its order, “In light of the Supreme Court’s recent order and the upcoming General Body Meeting on October 7, 2024, the nomination process, typically spanning twenty-one days, will commence only after the Supreme Court’s hearing on October 16, 2024.” This hearing will determine whether seats will be specifically reserved for female candidates, thereby potentially altering the candidate nominations and election dynamics.
The push for rescheduling comes amidst legal challenges spearheaded by several women lawyers seeking the enforcement of a 33% reservation for women in Bar elections throughout Delhi’s district bar associations. This advocacy extends to the DHCBA’s Executive Committee, prompting the High Court’s initial adjournment to November 27, which subsequently escalated to the Supreme Court.
The Supreme Court, in its interim discussions, has suggested that the DHCBA reserve at least four out of ten seats in its Executive Committee for women, including the Treasurer position, reflecting a progressive stance towards gender balance in legal governance.
Despite these top court deliberations, the DHCBA’s general body recently voted against reserving seats for women in its Executive Committee, adding layers of complexity to the ongoing legal discourse and the broader conversation about gender equity in law.
The court also permitted the DHCBA to request further extensions related to administrative procedures such as the submission of Declaration Forms and the issuance of Proximity Cards if needed.
The proceedings involved a robust turnout of legal representatives, including senior advocates and lawyers from both the DHCBA and the Bar Council of Delhi, as well as those representing the original petitioners advocating for women’s reservation.
