India’s Supreme Court (SC) reserved Thursday one-third of the seats in the executive committee of the Supreme Court Bar Association (SCBA) for women. The SCBA is an Indian bar association comprising practicing lawyers who work in the Supreme Court of India.
The SC held that the SCBA has to establish reservations and guidelines for its Executive Committee elections. One-third of seats in various committee positions, including the Treasurer, are to be reserved for women members. Nevertheless, eligible women members can contest for all positions. Clarifying the criteria for reservation, the court added:
(i) Minimum of 1/3rd seats in the Executive Committee i.e., 3 out of 9.
(ii) Minimum 1/3rd out of the Senior Executive Members i.e., 2 out of 6.
(iii) At least one post of the Office Bearer shall be reserved for women candidate exclusively by turn and on rotation basis.
(iv) In the ensuing election for 2024-2025, the post of Treasurer of the Executive Committee is reserved for women.
Furthermore, the SC, in the same order, gave directions for the preparation for the SCBA Executive Committee election, with the current term due to expire on May 18, 2024; directives have been issued to ensure a smooth process. The election is set for May 16, 2024, based on the 2023 voter list with updates for eligible members from March 1, 2023 to February 29, 2024. The Supreme Court Registry is tasked with providing necessary data by May 3, 2024. Vote counting starts on May 18, 2024, with results declared on May 19, 2024, ensuring a timely transition of leadership.
The SCBA has been a key player in the movement for upholding constitutional values, democracy, rule of law, and the independence of the judiciary in India. In 1951, the Association’s Executive Committee, including legal luminaries like M. C. Setalvad, C. K. Daphtary, and K. M. Munshi, expressed concerns against the first amendment of the Constitution and the proposed move to combine the office of Law Minister and Attorney General. The association also showed concern for poor litigants and the indigent and infirm members of the Bar. The association became a corporate member of the Indian Law Institute during this time. The tumultuous period between 1970 and 1980 saw the Keshavananda Bharati case, which limited the constitutional power of Parliament to amend the Constitution. The SCBA, other Bar Associations, and public opinion resisted these attempts.