Justice Surya Kant, Justice N. Kotiswar Singh, Supreme Court
Bar Associations Must Not Be Divided On Caste & Religion: Apex Court In Plea By Karnataka Lawyers For SC/ST Reservation In Bar Bodies
|"We do not want the bar to be divided on caste and religious lines. We don’t want that, and we will not allow it to become a political platform," Justice Surya Kant remarked.
While hearing a plea seeking affirmative action for underrepresented Scheduled Caste (SC) and Scheduled Tribe (ST) communities in bar associations, the Supreme Court today stated that it would not permit bar associations to be divided along caste and religious lines, emphasizing that such organizations should not become political platforms.
The Bench of Justice Surya Kant and Justice N.K. Singh, while acknowledging the seriousness of the issue, observed that implementing reservations in bar associations without an expert committee's report would open a "Pandora’s box."
The Court suggested that a nationwide study was necessary to assess representation gaps before considering any remedial measures.
Affirmative Action in Bar Associations: A Question of Representation
Senior Advocate Madhavi Divan, appearing for the petitioners (Advocates for Social Justice), argued that the absence of SC/ST members in bar associations for over 50 years was a matter of grave concern. "It is a question of access. Ultimately, the profession needs role models. Diversity is an important consideration," she submitted.
Justice Surya Kant, however, noted that affirmative action policies implemented by the Union government are based on expert committee recommendations. "Presence of women lawyers is something we facilitated in urban areas. But today, we do not have concrete data on the representation of marginalized communities in bar associations across India," he said.
The Court emphasized the need for a structured, data-backed approach. "We have to appoint a committee to collect data on a pan-India basis to determine who is underrepresented and marginalized. Without data, we are handicapped," Justice Kant remarked.
SC: Bar Associations Must Not Become Political Platforms
Divan pointed to international examples of affirmative action, including representation of people of color and gender minorities in jurisdictions like Australia.
However, the Court asserted that the Indian legal system has evolved beyond such comparisons. "We have gone far ahead of all these jurisdictions. The legal community in this country, including MPs and MLAs, is extremely conscious of inadequate representation," the Bench noted.
While acknowledging the gravity of the issue, the Court made it clear that it did not want bar associations to be influenced by caste or religious considerations. "We do not want the bar to be devidedon caste and religious lines. We don’t want that, and we will not allow it to become a political platform," Justice Kant asserted.
SC to Consider Representation Issue Alongside Bar Association Reforms
Recognizing the importance of the plea, the Court said it would take up the issue in a broader case concerning the strengthening of bar associations. "This is a serious issue, and we will deal with it. We will address this plea in a case that deals with bar associations and their functioning," the Court assured.
Cause Title: Advocates for Social Justice v. The Bengaluru Advocates Association [SLP(C) No. 3847/2025; Diary No. 6761/2025]