You Are Guardian Of Legal Fraternity: Apex Court Asks BCI To Consider Reservation For Advocates With Disability In Elections

The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, “Issue notice to the Bar Council of India".

Senior Advocate Indira Jaisingh appeared on behalf of the Petitioner, and Senior Advocates S Prabakaran and Manan Mishra appeared for BCI.

CJI Kant asked, “Whether the elections are scheduled to be held in Tamil Nadu?”

Singh replied, “There is no election date declared yet…hence there is an urgency in the matter. We would like the court to make a decision on this before the elections are announced. And there is one more issue that the nomination fee set by the Bar Council of India for all the nominees is Rs. 1,25,000/-, which is very much on the higher side when it comes to persons with disability.”

CJI Kant said, “What has happened is that earlier they had periodically revised the registration fees from the advocates. That fee at one point in time…was according to the schedule to Bar Council Act. But that Schedule was never revised, but the Bar councils kept revising the fees. So the Bar Council were financially sound…but the challenge before the Court was, you can’t revise it as the Legislature has not done it yet. Now that the reduction is there, now the Bar Council stands before us, in a separate matter, that they do not have money to conduct the elections, they have a financial crunch.”

Singh replied, “I am only confining my prayer to advocates with disability…The only problem is if the elections are declared, then my prayer for reservations for advocates with disability will become infructuous.”

Later on, when other similar matters were taken up by the Court, Senior Advocate Indira Jaisingh submitted that if elections are announced, then for the next five years, there will be no representation.

“The objects of the Right of People with Disability are very clear, they do get reservations”, Singh added.

CJI Kant remarked, “Today, an issue has been flagged, an issue with paramount consideration, that’s why we said inclusivity, a humane approach, your face of guardian of the legal fraternity will come out with the principle of equality and a pragmatic approach in consonance with the legislative philosophy of the Act, so that there representation and presence to be felt everywhere, wherever it is possible. But that policy decision you will take, so consider these aspects…You file an appropriate proposal before us…”

The Court further told BCI, “Today, do not reject it outrightly. We are not saying you accept it also outrightly, but examine it.”

Sr Adv Manan Kumar Mishra said, “Their population is not even 0.1 percent. Out of 15-16 seats if we keep 1 seat then there will be no end to this. There is no such reservation even in the parliament…”

CJI remarked, “Your commitment to inclusivity will also be strengthened.”

Sr Adv S Prabhakaran for BCI said, “In Tamil Nadu, there are transgenders also. Next, they will also come.”

The Supreme Court has recently mandated that 30% of the seats in all State Bar Councils, where elections have not yet been scheduled, must be reserved for women advocates. For the current election year, the Court specifically ordered the reservation to be implemented as, i) 20% of the seats must be filled through the election of women members and, ii) 10% of the seats will be filled through co-option.

Accordingly, now the matter is listed for a further date.