The Supreme Court has asserted that Bar Councils have increasingly transformed into “men’s clubs.” This observation was made during a hearing on August 4, 2026, by a Bench led by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and V Mohana. The Court emphasised the necessity to dismantle this prevailing monopoly and called for a more inclusive environment within these legal bodies.

During the proceedings, the Chief Justice remarked on the significant gender imbalance and the implications of such exclusivity on the functioning of the Bar Councils. He stressed that pertinent reforms are essential to ensure a balanced representation at all levels of legal practice.

Appointment of Women Members to State Bar Councils

In a move to tackle the existing imbalance, the Supreme Court directed that the Chief Justices of jurisdictional High Courts nominate two co-opted women members to each State Bar Council. The Court clarified that one of these members should be a former High Court judge, while the other should be a senior female advocate with considerable standing in the Bar.

The Court has stipulated that the co-opted individuals must have no association with the electoral process to maintain their independence. This directive aims to ensure that these members can contribute without any conflicts of interest, promoting a fairer legal landscape.

Furthermore, the Supreme Court affirmed that unsuccessful women candidates in State Bar Council elections would still be eligible for co-option. This decision was made to encourage the involvement of women in legal organisations, irrespective of their past electoral results.

Discussion on Transferable Votes for Women Candidates

In addition to addressing co-option, the Supreme Court has referred the matter of transferable votes—especially concerning women candidates—to the High-Powered Supervisory Committee. This committee, led by former Supreme Court Justice Sudhanshu Dhulia, has been tasked with reviewing the methodology used for such votes.

The committee will actively seek input from Bar members and hold oral hearings to gather diverse opinions on this subject. This aims to ensure that the voting process is equitable and reflective of the desired representation in the Bar Council elections.

The overarching context of these discussions links back to implementing the reservation framework for women in State Bar Councils. According to the current guidelines, women are entitled to 30 per cent representation, with 20 per cent of the seats filled through direct elections and the remaining 10 per cent through co-option. This framework is intended to enhance women’s participation in legal governance and create a more balanced professional environment.

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