SC calls to ‘dismantle’ ‘men’s clubs’ in Bar Councils, orders co-option of 2 women members

SC directs high court CJs to nominate co-opted women members

NEW DELHI: The Supreme Court on Tuesday observed that State Bar Councils have increasingly become “men’s clubs” and said the monopoly over their representation and functioning must be dismantled.A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana made the remarks while hearing petitions related to elections to the Bar Council of India 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,” CJI Surya Kant remarked during the hearing.The court directed the Chief Justices of the jurisdictional High Courts to nominate two women members to every State Bar Council through co-option. One must be a former woman High Court judge and the other a senior woman advocate with a fair standing at the Bar.The court said the nominated members should have no connection with the election process so that they can function independently and impartially.“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 Supreme Court also clarified that a woman who unsuccessfully contested a State Bar Council election would not be barred from being considered for co-option.The court referred the issue of the methodology for calculating transferable votes, particularly for women candidates, to the High-Powered Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia. The committee will reconsider the methodology after inviting suggestions from members of the Bar and giving them an opportunity for an oral hearing.

The Supreme Court had earlier directed that women should have 30 per cent% representation in State Bar Councils, with 20 per cent of the seats filled through direct elections and the remaining 10 per cent through co-option where required.The High-Powered Supervisory Committee was constituted by the court to oversee elections to the Bar Council of India and State Bar Councils and deal with election-related disputes.