Supreme Court refuses to entertain plea for SC/ST reservation in Bar Councils

The Supreme Court on Tuesday declined to entertain a plea seeking reservation for Scheduled Caste (SC) and Scheduled Tribe (ST) lawyers in State Bar Councils [Ram Kumar Gautam and ors v. Union of India].

A Bench of Chief Justice of India (CJI) Surya Kant and Justices R Mahadevan and Joymalya Bagchi noted that the petition was filed after State Bar Council elections had already been announced, observing that it was too late to seek such reservations for the ongoing polls.

The petitioner argued that women lawyers were given reservations in State Bar Councils after the Supreme Court intervened, and, despite the Advocates Act, 1961 being silent on the issue.

This, however, drew a sharp response from CJI Kant.

“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.

Clarifying the scope of the Court’s earlier orders, the Bench emphasised that no "reservation" had been granted to women lawyers, but only a mandate for their "representation."

“We have not provided reservation for women .. it is only representation,” said CJI Kant.

The CJI Kant further observed that the relief for women lawyers came after long-standing litigation and criticised the petitioners seeking SC/ST reservation for approaching the court only after the election process had started.

The Bench proceeded to advise the petitioners to approach the appropriate authorities first before coming back to Court, if their grievance remained unresolved.

“Women started fighting in our court for last two years. At last they succeeded... You also approach authorities and then come here. You have come to court when elections are announced. You thought you will claim something and get what has been extended to women members,” said CJI Kant.

He added,

“You can approach us for the next election.”

The Court proceeded to close the plea after it granted liberty to the petitioners to first approach the competent statutory authorities with a representation.

“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 expressed hope that the competent authorities will decide on the issue adequately.

“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 Court's order said.

In December 2025, the Supreme Court passed a direction directing 30 per cent representation for women lawyers in State Bar Councils, holding that the requirement was “non-negotiable” and that any shortfall must be addressed through co-option.

The Court has also supported measures for greater participation of specially-abled lawyers in Bar Council elections, following which the Bar Council of India agreed to reduce nomination fees for such candidates.

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