Background:

In the case of Supreme Court Bar Association v. BD Kaushik (Diary No. 13992 of 2023), the Supreme Court issued significant directives on May 2, 2024, regarding gender representation within the Supreme Court Bar Association (SCBA). Justices Surya Kant and KV Viswanathan constituted the bench overseeing the matter.

Key Points:

1. The Court mandated a minimum 1/3rd reservation for women in all posts of the SCBA, effective immediately and including the upcoming 2024-25 elections.

2. Specifically, for the 2024-25 elections, the post of Treasurer must be filled by a woman candidate.

3. It was further directed that one post of the SCBA office bearers be exclusively reserved for women, to rotate among positions, starting with the Treasurer for the 2024-25 term.

4. The Court also stipulated a minimum 1/3rd reservation for women in both the junior and senior executive committees of the SCBA.

5. Notwithstanding any SCBA resolution, the Court emphasized the necessity of reserving some Executive Committee posts for women members of the bar.

Impacts:

1. These directives mark a significant step towards gender inclusivity within the SCBA, addressing long standing disparities in representation.

2. By mandating reservation at various levels, the Court seeks to foster a more equitable environment within the legal profession.

3. The ruling sets a precedent for other professional associations to adopt measures aimed at promoting gender diversity and inclusivity.

Legal Provisions:

1. The directives are in line with constitutional principles of equality and non-discrimination, as enshrined in Articles 14, 15, and 16 of the Indian Constitution.

2. They also align with international human rights norms, particularly those relating to gender equality and women’s representation in decision-making bodies.

Legal Analysis:

1. The Court’s directives reflect a proactive approach to addressing gender disparities within professional organizations, in line with the judiciary’s role in upholding constitutional values.

2. By mandating reservation at various levels, the Court seeks to remedy systemic barriers that have historically hindered women’s participation and advancement in the legal profession.

3. The directives strike a balance between promoting gender diversity and ensuring merit-based selection, as they do not preclude eligible women from contesting other posts.

Conclusion:

In conclusion, the Supreme Court’s directives in Supreme Court Bar Association v. BD Kaushik represent a landmark decision aimed at promoting gender inclusivity within the SCBA. By mandating reservation for women in various posts and committees, the Court seeks to address longstanding disparities and foster a more equitable environment within the legal profession. These directives set an important precedent for promoting diversity and inclusivity in professional organizations, aligning with constitutional principles of equality and non-discrimination.

Source:

• India Today 
• Article -14,15 and 16 of the constitution 

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