The Supreme Court has clarified that half of the 30% Executive Committee (EC) member posts reserved for women lawyers in Delhi's District Bar Associations shall be filled by those with over 10 years of practice, while the other half will have no such restriction.

The Bench of Justice Surya Kant and Justice N. Kotiswar Singh issued the clarification on Monday (February 17), modifying its earlier orders.

The Court had initially, on December 19, 2024, directed that 30% of the EC posts (including the Treasurer’s position) be reserved for women. Later, on January 7, it ruled that the 10-year practice requirement would not apply to the Treasurer’s post. However, concerns were raised that young women lawyers could contest for Treasurer but not for other reserved EC positions, such as Lady Member Executive, which were relatively ceremonial.

Addressing this anomaly, the Court has now directed:

1. For the Treasurer’s post, eligibility criteria will be governed by the respective District Bar Association’s by-laws.

2. Out of the 30% EC seats reserved for women, 15% will be filled by women with at least 10 years of practice, while the remaining 15% will have no such restriction.

3. Election Commissioners shall grant two days for fresh nominations in line with the modified order.

4. The Election Commissioners have discretion to round off the women's reservation up to 30% of total EC seats.

"The Election Commissioners will grant two days time to the women candidates to submit fresh nominations in terms of the above-modified order. The Election Commissioners will, however, have the discretion for rounding off to limit the women reservation up to 30% of total seats of Executive Members," the Court ordered.

Previous Hearing

On November 18, 2024, the Apex Court had rebuked the Delhi High Court Bar Association (DHCBA) for its submission that certain women advocates were unfairly asking for one-third reservation in the executive committee of the Association when the proportion of women in the Bar was less than that and for its warning of larger consequences.

The Bench was hearing a batch of three Special Leave Petitions filed by women advocates seeking one-third reservation in the executive member body of the DHCBA. On September 26, 2024, the Court had asked the DHCBA to hold a general body meeting within ten days and to consider the question of reservation of posts.

In its September 26 Order, the Court had asked the DHCBA to consider reserving the post of the treasurer "exclusively for women members of the Bar Association" and the "desirability" of reserving one more post of officer-bearer for women. "Similarly, out of 10 Executive Members, there shall be at least 3 women members. The General Body may also resolve that out of 3 women members of the Executive Committee, one at least will be a Senior Designated Advocate," the Court had said further.

Earlier, on November 13, 2024, the Court had asked the DHCBA to produce the video recording of the general body meeting. In that meeting, the proposal to reserve posts for women in the executive committee was rejected.

Cause Title: Fozia Rahman v. Bar Council of Delhi [SLP(C) 24485/2024]

Click here to read/download the Order


Justice Surya KantJustice Nongmeikapam Kotiswar Singh

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.