The Supreme Court on Friday ordered that the post of treasurer in the governing body of the Advocates Association, Bengaluru (AAB) be reserved for women candidates.
A Bench of Justices Surya Kant and N Kotiswar Singh passed the order while hearing a plea filed by Karnataka Federation of Women Lawyers seeking 33 per cent reservation for women advocates in the governing body of AAB.
"Under Article 142, we direct that post of treasurer shall be exclusively for woman candidate. For this purpose the high powered committee and chief returning officer shall extend date of nomination and also be liberty to defer election date," the Court ordered.
The Court also directed the high powered committee and chief returning officer to consider providing 30 percent reservation for women lawyers in the Governing Council of AAB.
"The High-Powered Committee and Chief Returning Officer will also consider the desirability of ensuring that at least 30% elected members of Governing Council of Advocates Association, Bengaluru are women advocates," the order said
The Court passed the order after noting that there is no express provision earmarking posts for women lawyers.
"Thus we are of prima facie view that women must be given representation in the executive body of AAB," the Court said.
The Court was hearing appeals filed against the decision of the Karnataka High Court dismissing the petitions seeking such reservation.
Justice R Devdas dismissed the petitions filed by Advocate Deekshana Amruthesh and the Karnataka Federation of Women Lawyers, after observing that the High Court did not have any power to interfere once the election process and related activities were already underway.
The Court further said that the existing by-laws of AAB did not provide for any reservation for women advocates and, therefore, it cannot direct AAB to provide such reservation.
However, the Supreme Court took a different view and said that it is high time reservation is extended to women in bar bodies.
"High Court has noted that this court has passed orders under article 142. Since parity is needed and it is high time to provide representation to women in different elected bodies," the Supreme Court said.
Earlier, the top court had passed similar directions with respect to the bar bodies in Delhi including the Delhi High Court Bar Association.
In an order passed on December 19, the Court had reserved the position of Treasurer for women in all bar associations in Delhi.
Additionally, in the DHCBA, one post for a Designated Senior Member in the Executive Committee was reserved for women.
Further, 30% of the posts in the Executive Committees of bar associations in Delhi’s district courts was also directed to be reserved for women.
This order was later applied to the National Green Tribunal (NGT) Bar Association in Delhi as well.
[Read Order]