The Supreme Court on Tuesday declined to entertain a petition seeking reservation for Scheduled Caste and Scheduled Tribe lawyers in State Bar Councils, holding that the plea was belated and improperly brought at a time when Bar Council elections had already been notified.
A Bench comprising Chief Justice of India Surya Kant and Justices R Mahadevan and Joymalya Bagchi was hearing the petition filed by Ram Kumar Gautam and others against the Union of India. The Bench made it clear that the Court would not interfere in the ongoing electoral process and advised the petitioners to first approach statutory authorities.
The petitioners relied on the Supreme Court’s earlier intervention directing 30 per cent representation for women lawyers in State Bar Councils, arguing that a similar approach should be adopted for SC/ST advocates even though the Advocates Act, 1961 does not expressly provide for such reservation.
This submission triggered a sharp reaction from the Chief Justice.
“You are everywhere. In the judiciary, among lawyers, in Parliament ... Bar Council has been there since 1961.. and you did nothing. Just because the Supreme Court did something for women now ... you come now! You just want it on a platter!” CJI Kant remarked.
Court draws line between ‘reservation’ and ‘representation’
The Bench underscored that its earlier directions concerning women lawyers were being misunderstood.
“We have not provided reservation for women .. it is only representation,” said CJI Kant.
The Chief Justice explained that the relief in favour of women lawyers came after prolonged litigation and sustained efforts over several years. The Court, he said, stepped in only after authorities failed to adequately address the issue.
“Women started fighting in our court for last two years. At last they succeeded... You also approach authorities and then come here,” the CJI observed.
The Bench took exception to the timing of the present petition, noting that it had been filed after the election schedule was announced.
“You have come to court when elections are announced. You thought you will claim something and get what has been extended to women members,” CJI Kant said.
‘Come for next election, not in the middle of this one’
The Court made it clear that it would not disturb an ongoing electoral process by introducing new eligibility or representational requirements.
“You can approach us for the next election,” the Chief Justice told the petitioners.
Instead of adjudicating the merits of the claim, the Bench granted liberty to the petitioners to submit a representation to the competent statutory authorities.
“Take representation of our earlier order and show authorities. I am sure they will take it up considering the number of members are there now .. but if you don't hear back... we will take a call then,” the Bench stated.
The Court also expressed confidence that the authorities would examine the issue seriously.
“Petitioner at liberty to approach the competent authority. We are hopeful that appropriate competent authority will consider and take a decision. We are hopeful that representation will draw adequate attention of the authorities,” the order recorded.
Background: women’s representation and inclusive measures
In December 2025, the Supreme Court had directed that 30 per cent representation for women lawyers in State Bar Councils is mandatory, describing it as “non-negotiable” and stating that any deficit must be met through co-option.
The Court has also supported steps to enhance participation of specially-abled lawyers in Bar Council elections, following which the Bar Council of India agreed to lower nomination fees for such candidates.
However, on Tuesday, the Bench made it clear that similar claims for SC/ST lawyers must first be raised before the appropriate authorities and cannot be introduced through last-minute court interventions once elections are underway.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
Find the best of Al News in one place, specially curated for you every weekend.
Stay on top of the latest tech trends and biggest startup news.
