While taking a giant stride forward in the direction of empowering women, we see that in a most significant development with far reaching consequences, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled Yogamaya MG vs Union of India & Ors in Writ Petition (s) (Civil) No(s). 581/2024 With 1060/2025 that was pronounced as recently as on 04.12.2025 has mandated explicitly that the Bar Council of India (BCI) must construe the existing rules in a way to ensure that at least 30 percent of seats in every State Bar Council, including posts of office bearers are held by women. To put it differently, the Apex Court has ruled most unequivocally that women must occupy at least 30 percent of the seats in every State Bar Council across the country. It has also directed the Bar Council of India (BCI) to construe its existing rules in that spirit and treat them as amended to provide for such reservation.

We need to note here that the top court took up the matter on a mentioning by senior women Advocate Shobha Gupta for the petitioner Yogamaya. The petitioner pleaded for reservations of one-third of seats for women in all State Bar Councils all State Bar Councils across India, including at least one office bearer post on a rotational basis. In hindsight, we must note that the plea by the petitioner banks on the Apex Court’s order that was pronounced on May 2, 2024 by which the top court had directed that one-third of seats in the Executive Committee of the Supreme Court Bar Association (SCBA), including one office-bearer post reserved for women.

It is definitely worth paying attention that a Bench of Apex Court comprising of Hon’ble The Chief Justice of India (CJI) Mr Justice Surya Kant and so also of Hon’ble Mr Justice Joymalya Bagchi was hearing two public interest petitions filed by Supreme Court advocates Yogamaya MG (represented by advocate Sriram Parakkat) and Shehla Chaudhary who were quick to point out and lay bare the stark underrepresentation of women and other marginalized groups in Bar Council bodies across the country. The petition filed by advocate Shehla Chaudhary was drawn by Advocates Md Anas Chaudhary and Alia Zaid and filed through Advocate-on-Record Ansar Ahmad Chaudhary. What also cannot go unnoticed is that the petitioner Advocate Yogamaya MG has brought to the fore contending in the PIL that despite the Advocates Act, 1961 being in force for over six decades, there has been no legislative or policy intervention to address the “gross under-representation” of women and other marginalized groups in these statutory bodies. This is what has been addressed most commendably in this leading case! Very rightly so!

We thus see that even before the 106th Amendment to the Constitution by which seats were reserved for women one-third seats in the Lok Sabha and State Assemblies gets implemented, the Apex Court has directed Bar Council of India (BCI) which is the regulatory body for nearly 20 lakh advocates to reserve 30 percent of seats for women in State Bar Council (SBC) elections. There are 24 Bar Councils in different States which regulates Advocates in the States and so also in the Union Territories. We had seen how recently, the top court had revised the election schedules for State Bar Councils and directed that these be held between January 31 and April 30 next year.

It is worth mentioning here that the Apex Court directed that the complete details by the Bar Council of India to be furnished on 08-12-2025. It was also clarified that the relevant Rules shall be deemed to have been amended providing making a provision for such reservation. The Apex Court then listed the matter for hearing on 8-12-2025.

We must note that the matter was initially mentioned by senior advocate Shobha Gupta. Thereafter, senior advocate Gurukumar appearing in this matter cautioned that amendments to the Advocates Act may be required and that several states have already initiated their election processes, making immediate implementation challenging. He said that:
The time frame is tight and the process has already begun in some places. It is fraught with difficulty.”

It would be pertinent to mention that the Chief Justice of India – Hon’ble Mr Justice Surya Kant noted that several leading associations have already achieved the benchmark. He pointed out that:
The Supreme Court Bar Association (SCBA) has 30 percent. The Bangalore Bar has 30 percent.” He then hastened to add that the Bar Council of India (BCI) should ensure a similar standard statewide.

It would be worthwhile to note that when Gurukumar suggested uncertainty over how many women may step forward to contest elections, the CJI responded pointedly and pragmatically that:
You were not there in yesterday’s workshop. Eighty-three percent of women said they want to be members of the various state bar councils.” Gurukumar referred to Justice Ruth Bader Ginsburg’s words from the US Supreme Court observing that structural change “can only be achieved with the endurance of time.” The CJI said that the case would continue to operate as a “continuing mandamus”, assuring that the Court would address issues as they arise. He directed the BCI to come out with a notification on Monday, i.e. December 8.

At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble The Chief Justice of India (CJI) Mr Justice Surya Kant and so also Hon’ble Mr Justice Joymalya Bagchi sets the ball in motion by first and foremost putting forth in para 1 that:
We have heard learned Senior Counsel for the parties very briefly.”

Most significantly, most rationally, most forthrightly and so also most remarkably, the Apex Court Bench encapsulates in para 2 what constitutes the primary cornerstone of this notable judgment postulating precisely that, “Keeping in view the constitutional ethos, the recent legislative initiatives and the orders passed by this Court from time to time, we expect that the Bar Council of India will construe the existing Rules/framework in such a manner as to ensure that 30% seats in each State Bar Council are occupied by women members. It goes without saying that such an initiative shall also include some of the posts of the office bearers.”

It is worth noting that the Apex Court Bench directs and holds in para 3 that, “Let the complete details be furnished by the Bar Council of India on 08.12.2025.”

For sake of clarity, the Apex Court Bench then clarifies in para 4 holding that, “It is clarified that the relevant Rules shall be deemed to have been amended providing making a provision for such reservation.”

Finally, the Apex Court Bench then concludes by directing and holding in para 5 that:
Post these matters for further hearing on 08.12.2025.”

By any reckoning, I really just don’t see prima facie any single bona fide reason as to why inspite of women’s representation sorely lacking in the different courts in our country especially in our district courts with High Courts and Supreme Court also faring not very well on this count which is definitely a matter of grave concern should they not be provided with at least 33 percent reservation in key posts in different Bars all across the nation. This is why this latest Apex Court ruling has come as a shot in the arm and what is most desperately needed as the top court has itself conceded in this leading case! It goes without saying that this has also been their long standing, most legitimate and so also most compelling demand also which most unfortunately has not been fulfilled since a very long time.

At the risk of repetition, it must be said that there can definitely be just no gainsaying that the time is ripe now to set in motion at least 33% reservation in bar bodies in all our courts in India to ensure that their voice gets due representation and is not muffled because of complete lack of representation in key positions in bar bodies in all the courts in our country which as we all know is dominated by men only and this must change at least now when we have celebrated our 76th Republic day most pompously and now standing on verge of celebrating 77th Republic Day in 2026 just a month away. I am at a complete loss to comprehend that why can’t women’s reservation be made strictly in all bar bodies in all the courts all across the country even after nearly 80 years of independence which makes me hang my head in shame!

I very strongly feel that reservation for key posts for women like President, General Secretary etc should be made every alternate year but definitely not permanent as that would tantamount to grave injustice for men by closing doors of prestigious posts permanently which for sure definitely cannot be justified at all under any circumstances from any angle but reserving it for an year for women every alternate year is a far better feasible proposition to which men also should be willing to accommodate! There can definitely be just no denying or disputing it!

I have just no hesitation of any kind to concede that a woman litigant who has gone through some crime by a men would be in a far better position to explain and confide it to women sitting in a position of prominence like President or General Secretary than a men to whom she would be most hesitant as we see also in court rooms. Apart from this, if more women are appointed to such key positions then their confidence level would enhance immensely and this will enable them to match shoulder to shoulder with men in all respects without feeling depressed of being unrepresented as we see presently which must change as change is the law of progress. Even former PM late Dr Manmohan Singh had once very famously rightly said that:
No one can stop an idea whose time has come.”

Even the Supreme Court itself earlier also in Aditi Chaudhary vs Bar Council of Delhi that was pronounced finally on 26 September 2024 and so also Foziya Rahman vs Bar Council of Delhi and Ors in SLP(C) No. 24485/2024 that was delivered finally on 19.12.2024 after hearing the writ petition had most vocally ruled and directed for implementation of 33% reservation to the women lawyers in all elections in the Bar Associations in our country as it is empowered to do so under Article 142 of the Constitution!

No doubt, the time is ripe now to usher in the change in this regard by most promptly ensuring that women must now get at least 33% reservation in bar bodies in all our courts as much water has already flown under the bridge. It definitely brooks no more delay any longer now! The earlier this is done, the better it shall be! No denying or disputing it!

By any reckoning, we see that a good beginning has definitely been made in this direction by Apex Court directing for 30 percent reservation of seats in State Bar Councils in this leading case. No denying it! It needs to be most strictly implemented all across the length and breath of our nation!

All said and done, we thus see that the Apex Court has risen to the occasion by taking note of gross under-representation of women in bar leadership in States despite their rising participation in the legal profession which definitely makes for most depressing reading. This all the more necessitated reservation for women lawyers in State Bar Councils without any more delay in this regard. It would be fair to say that the petitioner in this leading case has rightly termed underrepresentation of women as a “deeply entrenched imbalance” in the legal profession which must be set right. It was also rightly pointed out in the petition that Article 15(3) empowers the State to make special provisions for women and must extend to the legal profession as well. So while striking the right chord, the Apex Court has most rightly pressed BCI to ensure 30 percent women’s quota in upcoming State Bar Council polls. No denying or disputing it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.