In a significant development concerning the representation of women in legal bodies, the Supreme Court today clarified its earlier order regarding the reservation of posts for women lawyers in Delhi’s district bar associations. This clarification came after confusion arose over the application of an experience cap for the treasurer’s post, which is also reserved for women.
During a hearing before Justice Surya Kant and Justice N Kotiswar Singh, Senior Advocate Sonia Mathur presented the need for clarity. She highlighted that the Returning Officer had misinterpreted the order’s specifications concerning the eligibility for the post of Treasurer. Mathur brought forward two interlocutory applications requesting the court to address these ambiguities urgently.
Responding promptly, the Supreme Court issued a clarification, stating, “In our considered view, there is no vagueness in para 5 of the order dated December 19, 2024. However, to prevent any confusion, it is clarified that for the post of Treasurer earmarked for women candidates in all the District Bar Associations, there is no eligibility condition of 10 yrs. experience prescribed by us.”
This decision stems from a broader context where the Supreme Court, on December 19, ordered that three posts be reserved for women lawyers in the forthcoming elections of the Delhi High Court Bar Association (DHCBA). Additionally, it directed that the treasurer’s position and 30% of other executive committee posts in district bar associations be reserved for women.
The legal landscape for women in Delhi has been under scrutiny, with multiple petitions filed seeking better representation in the Bar Council of Delhi (BCD), DHCBA, and district associations. The Court’s proactive measures began in September 2024, suggesting the DHCBA consider reserving the vice-president post for women, citing the historical absence of women in key roles since 1962.
Despite some resistance, as seen in the General Body Meeting (GBM) of the DHCBA on October 7, where members voted against reserving executive committee seats, the Supreme Court’s recent orders attempt to foster gender inclusivity on an experimental basis.
