In a landmark decision, the Supreme Court on Thursday directed the reservation of three posts for women lawyers in the upcoming Delhi High Court Bar Association (DHCBA) elections. Additionally, it mandated that in the district bar associations, the Treasurer’s post and 30% of other Executive Committee posts (including pre-existing reservations) shall also be reserved for women lawyers.
A bench comprising Justices Surya Kant and Ujjal Bhuyan passed the order, emphasizing that the reservation would be implemented on an experimental basis for the upcoming elections only. The elections are to proceed as scheduled, with the exact date to be finalized.
In the DHCBA, the reserved posts include the Treasurer, the “Designated Senior Member Executive,” and a senior designation category member.
Earlier Proceedings
The Supreme Court had previously expressed disappointment over the lack of female representation in leadership roles, noting that since 1962, no woman had served as the DHCBA President. In an earlier hearing, the Court urged the DHCBA to consider reserving the Vice-President’s post for women.
Subsequently, the Court directed the DHCBA General Body to deliberate on reserving the Treasurer’s post and consider reserving another post for women members. However, the General Body resolved in a meeting held on October 7 that they were not in favor of reserving posts in the Executive Committee.
During the December 12 hearing, the Court urged the DHCBA President, Mohit Mathur, to resolve the issue amicably and reiterated that there was no stay on Bar Association elections across the country.
Background
The case originated from three petitions seeking 33% reservation for women lawyers in the Bar Council of Delhi (BCD), DHCBA, and District Bar Associations. Advocate Shobha Gupta, one of the petitioners, argued that the underrepresentation of women in Bar leadership negatively impacts their rights, access to justice, and the overall effectiveness of the justice system.
Initially, the petitioners approached the Delhi High Court, which refused interim relief. Following this, they approached the Supreme Court, citing the urgency of the upcoming elections. Notice was issued on the petitions on September 20.
Earlier this year, the Supreme Court had also directed the implementation of 33% reservation for women in Supreme Court Bar Association (SCBA) elections.
Case Details
Case Title: Fozia Rahman v. Bar Council of Delhi & Anr.
SLP (C): 24485/2024 and connected matters
Bench: Justice Surya Kant and Justice Ujjal Bhuyan
The Supreme Court’s order is seen as a progressive step toward promoting gender equity in the legal profession and fostering greater representation of women in leadership roles within bar associations.
Lawcutor 