Proportional Representation in the Bar Councils
Last Updated on September 17, 2024 by Shianjany Pradhan
On 17th September, the SC issued a notice in the PIL that sought proportional representation in the bar council of women, queer community, differently abled and reserved category persons, whereby the plea has been filed by the MG Yogamaya, who is a practising SC lawyer as well as a member of the Bar association of the SC.
Senior Advocate PV Dinesh, representing the petitioner, submitted that there is currently zero representation of women at the Bar Council of India.
Analysis
As per section 3(2) of the Advocates Act, the term ‘proportional representation’ must be construed as the proportional representation of the unrepresented categories.
It was highlighted by the CJI that the proportional representation is similar to that mandated in the Rajya Sabha elections.
Section 3(2) b of the act says that in the case of a State Bar Council with an electorate not exceeding five thousand fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation utilising the single transferable vote from amongst advocates on the electoral roll of the State Bar Council.
It was also stated in the plea that out of the 14 bar councils in India, including Delhi, only 4 have a female representation, Tamil Nadu (1) , Telangana (1), Bihar (2), and M.P (2)
The petitioner sought that the term proportional representation must be interpreted as a proportional representation of the women, queer, specially-abled and marginalized communities.
It also sought the reservation of seats for them until appropriate legislation came into force.
Conclusion
The matter was agreed to be considered by the bench comprised of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra.
Case Title:- YOGAMAYA M.G. Versus UNION OF INDIA AND ORS.W.P.(C) No. 581/2024
