The Karnataka High Court issued notice to the state government on a plea to reserve 33 per cent posts for women lawyers in the upcoming elections to the Advocates Association of Bengaluru (AAB).
The writ petition was filed by Bengaluru-based advocate Deeksha N Amruthesh seeking 33 per cent reservation for women in the upcoming general body elections to the AAB. The general body (office bearers) of AAB, whose term ended on December 19, 2024, was elected in 2021 and comprises a president, general secretary and treasurer, along with 29 Governing Council (seven from High Court unit, 12 from City Civil Court unit, five from Magistrate Court unit, and five from Mayo Hall unit.
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Senior counsel Lakshmy Iyengar appeared for the petitioners argued the the writ relies upon the various Supreme Court judgements – Supreme Court Bar Council vs BD Kaushik case and the Fozia Rahman vs Bar Council of Delhi and the Delhi High Court Bar Association elections and was in sync with the matters pending before the Supreme Court with regard to the reservation for women in Bar Associations and Bar Council. The petitioner also claimed that not following the apex court order of reserving one-third of executive committee seats for women in the bar association infringed upon the fundamental rights guaranteed under Articles 14, 15 and 19(1) (g) of the Indian Constitution.
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It may be recalled that on May 2, 2024, the apex court passed an order in the Supreme Court Bar Association (SCBA) vs. B.D. Kaushik, directing reservation for women in the executive committee of bar associations - minimum of 1/3rd seats in the executive committee for women; minimum 1/3rd of senior executive members for women; at least one post of office bearer to be reserved for women by rotation; and the post of treasurer for women in the 2024-2025 elections of the SCBA.
The petitioners also informed the court that, on December 23, 2024, they had made an appeal to the respondents to make the necessary changes to the bylaw and incorporate 33 per cent reservation for women for the elections scheduled in February this year.
“Despite these binding judicial pronouncements, the respondents have failed to take any steps to ensure gender-based reservations in the upcoming AAB elections scheduled for February 2025, thereby perpetuating systemic inequities and denying women advocates equitable representation in leadership roles. The Advocates' Association, Bengaluru, established over a century ago, has a storied history of representing the interests of the legal fraternity and contributing to social and legal reforms. However, the governing body of the Association has historically been dominated by male advocates, with minimal representation of women. The Hon’ble Supreme Court’s directives aim to address this gender disparity by institutionalizing reservations for women in Bar Association elections, ensuring inclusivity and diversity,” said the petitioner.
Vacation Judge Justice Suraj Govindraj adjourned the next hearing to January 6, while ordering the notices be issued to Karnataka State Bar Council and AAB.
