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

The Supreme Court has ruled that State Bar Councils in India have become predominantly male-dominated institutions, and must take steps to dismantle this "men's club" mentality. Speaking during a hearing on petitions related to elections to the Bar Council of India and State Bar Councils, Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana remarked on the need to eliminate the monopoly over representation and functioning within these councils.

In order to address this issue, the court has directed Chief Justices of the relevant High Courts to co-opt two women members onto every State Bar Council. One of these women must be a former High Court judge, while the other should be a senior advocate with a strong reputation in the legal community. These co-opted members must remain impartial and independent from the election process to ensure fair representation.

The court clarified that a woman who lost an election for a State Bar Council seat will not be ineligible for co-option. It also referred the methodology for calculating transferable votes, particularly for female candidates, to a High-Powered Supervisory Committee chaired by former Supreme Court judge Justice Sudhanshu Dhulia. The committee will review the process and gather input from Bar Council members before making a final determination.

Prior to this ruling, the court had mandated that women hold a 30% share of seats in State Bar Councils, with 20% filled through direct elections and the remaining 10% allocated through co-option. The High-Powered Supervisory Committee was established to oversee these elections and handle any related disputes.