Supreme Court lays down mechanism for nomination of women members to State Bar Councils

The Supreme Court on Tuesday directed that the two women members to be co-opted into every State Bar Council shall be nominated by the Chief Justice of the jurisdictional High Court from among former women High Court judges or senior women advocates.

Additionally, the Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohan referred the issue of the methodology for transfer of votes under the single transferable vote system in Bar Council elections to the high-powered committee headed by retired Justice Sudhanshu Dhulia for fresh consideration.

The Court said the mechanism for nominating the two additional women members had emerged after discussions in open court with representatives of various State Bar Councils.

"In our considered opinion, such a mechanism will infuse objectivity, independence and transparency in the functioning of the State Bar Councils," observed CJI Kant.

The Court accordingly directed,

"We accordingly direct that the two women members to be co-opted to every State Bar Council shall be chosen from amongst a former woman Judge of the jurisdictional High Court or a senior woman member of the Bar having fair standing in the concerned State."

It added that while making the nominations, the Chief Justice of the jurisdictional High Court may take into account all relevant factors, including regional representation and the peculiar circumstances of the State.

The Court also clarified that participation by a woman advocate in the Bar Council elections would not disqualify her from being considered for co-option.

Considering the urgency of constituting the State Bar Councils, the Court requested the Chief Justices of all jurisdictional High Courts to complete the nomination process at the earliest.

"Having regard to the urgency of the matter, we request the Hon'ble Chief Justices of the jurisdictional High Courts to undertake the exercise at the earliest so that the State Bar Councils can be formally constituted and their Executive Committees can also be constituted without delay," said the Court.

On the issue of transfer of votes under the single transferable vote system, the Court noted that there were divergent views requiring further examination.

"As regards the second issue, it appears to us that there are divergent opinions which require detailed consideration by the High-Powered Committee headed by Justice Sudhanshu Dhulia," said the Court.

Accordingly, the Court requested the Justice Dhulia committee to consider the issue afresh. It also permitted interested members of the Bar to submit their suggestions and views before the Committee within one week.

The directions come as part the Supreme Court's continuing efforts to ensure 30 per cent representation for women in State Bar Councils.

In December 2025, the Court held that the 30 per cent reservation for women in State Bar Councils was "non-negotiable." It directed that where elections had already been completed or notified, any shortfall in women's representation would be made up through co-option instead of disturbing the electoral process.

Additionally, the Court had asked the Bar Council of India (BCI) to place a proposal on how the co-option mechanism would operate.

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