The Supreme Court on Tuesday observed that Bar Councils have increasingly become "men's clubs" and said the monopoly over their functioning must be dismantled, while directing the Chief Justices of jurisdictional High Courts to nominate two co-opted women members to every State Bar Council. A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana made the observations while hearing a batch of petitions relating to elections to the Bar Council of India (BCI) and State Bar Councils.
'Bar Councils have become men's clubs'
We may observe that people take it like a monopoly. This has to be completely dismantled," the CJI remarked during the hearing. The Court has also directed that the Chief Justices of the jurisdictional High Courts shall nominate two co-opted women members to every State Bar Council -- one being a former judge of the High Court and the other a senior woman advocate of fair standing at the Bar. The Court clarified that the co-opted members should be persons who have nothing to do with the election process so that they function as independent and neutral members.
10% co-option
"As far as co-option is concerned...10% we always had in mind. There should be co-option of those who don't have anything to do with elections," the Court observed. The Court further clarified that an unsuccessful woman candidate in a State Bar Council election would not be disqualified from being considered for co-option. On the issue of determining transferable votes, particularly for women candidates, the Court referred the matter to the High-Powered Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia. The Committee has been asked to reconsider the methodology after inviting suggestions from members of the Bar and granting them an opportunity of oral hearing.
The Supreme Court had earlier constituted the High-Powered Supervisory Committee under Justice Dhulia to oversee elections to the Bar Council of India and State Bar Councils across the country and to resolve election-related disputes. The matter relates to the implementation of the reservation framework for women in State Bar Councils. Under the existing scheme, women are to have 30% representation, with 20% of the seats filled through direct elections and the remaining 10% through co-option.