In a significant development, the Supreme Court of India provided further clarification regarding the reservation of Executive Committee (EC) posts for women lawyers in the Delhi District Bar Associations. The Court decreed that while half of the reserved posts for women would necessitate over 10 years of legal practice, the other half would not require this experience threshold. The ruling, delivered by a bench comprising Justices Surya Kant and N Kotiswar Singh, aims to balance the opportunities for both seasoned and newer women lawyers within the legal community.
This decision follows a series of directives concerning gender representation in the legal field. Initially, on December 19, the Supreme Court mandated a reservation of the Treasurer post and 30% of other EC posts for women lawyers. This was further refined on January 7, when the Court specified that the 10-year experience cap, originally imposed on several of these positions, would not apply to the Treasurer post.
However, the application of this experience requirement led to contention, prompting a legal plea for modification of the order. The petition argued that while the position of Treasurer, open to less experienced women lawyers, presented significant responsibilities, other reserved posts deemed more ceremonial still carried the stringent experience requirement.
Addressing these concerns, the Court adjusted its earlier order, stating, “For the Post of Treasurer, earmarked for women candidates, the District Bar Association will follow the eligibility condition, as may be prescribed in their Byelaws/Rules/Regulations. Out of the 30% posts of Executive Members, earmarked for women/lady candidates in each District Bar Association, 15% shall be filled from amongst the women lawyers having 10 years practice whereas the remaining 15% will be filled from amongst the women lawyers, without any such condition.”
The Court also mandated that the Election Commissioners provide a two-day window for women candidates to submit their nominations as per the revised guidelines. Additionally, the Commissioners have been given discretion to adjust the percentage of reserved seats to maintain the 30% reservation limit.
