The Bar Council of India (BCI) has approached the Supreme Court seeking approval for a formula to fill seats reserved for women lawyers in State Bar Councils through co-option [M Vardhan v. Union of India].

In December last year, the top court directed that women should have 30% representation in State Bar Councils, with 20% seats to be filled through elections and the remaining 10% through co-option, instead of direct election.

In an application filed before the Court, the BCI has now proposed a mechanism for such co-option.

As per the plea, women candidates who narrowly missed getting elected should be considered for the additional 10% reservation earmarked for women.

According to the application filed by BCI, with respect to Bar Councils wherein 25 members are elected, women candidates placed in the 6th and 7th positions should be co-opted. Where 20 members are elected, candidates placed in the 5th and 6th positions should be co-opted. In councils with 15 elected members, the candidate placed in the 4th position should be co-opted.

This method, the BCI said, would be fair, objective, transparent and least susceptible to arbitrariness since it would be based on the mandate already expressed by voters during the election process.

It further stated that the proposal would avoid allegations of discrimination, favouritism or subjective selection because the basis of co-option would be the actual votes secured by women candidates who contested the elections.

“The process remains connected with the democratic choice of the advocates’ electorate while advancing the larger objective of securing adequate representation of women in the State Bar Councils,” the plea stated.