Karnataka HC rejects pleas seeking SC/ST, OBC quotas in Advocates Association

Karnataka HC

The Karnataka High Court on Saturday dismissed petitions requesting reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, in the governing council of the Advocates Association, Bengaluru (AAB).

Justice R Devdas rejected the petitions filed by the All India Backward Classes Advocates Foundation and the Karnataka SC/ST Backward Classes and Minorities Advocates Federation, advising the petitioners to take their case to the Supreme Court instead.

The petitioners had sought caste-based reservation in AAB’s governing council, citing a recent Apex Court order mandating 30 per cent reservation for women in the body.

However, the High Court clarified that the Supreme Court’s directive was issued under Article 142 of the Constitution, which grants it special powers to pass necessary orders for complete justice.

Since AAB’s bye-laws do not currently include caste-based reservations, the High Court stated that it could not invoke its authority under Article 226 to grant a similar directive.

Despite dismissing the petitions, the court acknowledged the petitioners’ concerns that AAB has never had an SC/ST or OBC office bearer. It also took note of their argument that since AAB had already introduced reservations for women, it should consider similar measures for marginalised communities.

The court further observed that AAB comprises members of the Bar and receives state funding.

The petitioners contended that once the association introduced reservations for women, it opened the door for implementing all constitutionally mandated reservations, whether vertical (caste-based) or horizontal (gender-based).

However, the High Court refrained from commenting on AAB’s decision to implement the Supreme Court’s order.

It maintained that if the petitioners believed they were entitled to similar benefits, they should approach the Supreme Court.

Earlier, on January 24, the top court had directed AAB to ensure 30 per cent representation for women in its governing council and to reserve the treasurer’s post exclusively for women.

A bench of Justices Surya Kant and N Kotiswar Singh had issued this ruling to promote gender inclusivity in the association’s leadership.