State Bar Council polls: SC bats for representation of specially abled lawyers; BCI will reduce nomination fee

The Supreme Court on Monday asked the Bar Council of India (BCI) to consider introducing legal amendments to ensure that there is adequate representation of lawyers with disabilities in Bar Councils in the future [Pankaj Sinha v. Bar Council of India]..A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a plea seeking 5 per cent reservation for specially abled lawyers who are contesting the State Bar Council elections this year..Notably, the BCI today agreed to reduce the nomination fee payable by lawyers with disabilities who wish to contest these Bar Council elections.BCI Chairman and Senior Advocate Manan Kumar Mishra said that a reduced fee of ₹15,000 can be charged from differently abled lawyers, as opposed to the ₹1.2 lakh fee usually demanded from lawyers seeking to contest Bar Council polls..Since the elections are already underway in various States, the Court refrained from issuing any directions for the reservation of specially abled lawyers in such elections. However, it urged the BCI to take up this issue and ensure adequate representation for lawyers with disabilities in future.BCI Chairman Mishra today said that at present, no adjustment or reservation can be introduced in the main body of the Bar Council..However, he added that some measures may be taken to ensure adequate representation of specially abled lawyers in various committees attached to the Council.."Ensure there is adequate representation," the CJI replied."The BCI shall, in the meanwhile, start the process of amending provisions so that in the future elections, adequate representation should be provided for all such categories for whom reservation is envisaged either under the constitutional scheme or under different welfare statutes," the Court ordered.The CJI went on to add,"Our proposal is to ensure that an effective presence is felt in the decision making committees of the BCI."He also noted that some legal amendments may be required to ensure the representation of specially abled lawyers in Bar Councils."There is no reservation by the parliament," BCI Chairman Mishra pointed out, in turn."We have to begin somewhere. In the times to follow, maybe this reservation (will be seen in) different public institutions," the CJI replied.The Court went on to add, in its order,"We have no doubt that the BCI shall take up the cause of effective representation of the advocates belonging to the specially abled category for which it is stated that amendment in the statute may be required.".The second issue considered by the Court today was the nomination fee payable by lawyers with disabilities. Representing the petitioner, Senior Advocate Indira Jaising initially called for doing away with the nomination fee altogether for such lawyers who wished to contest the Bar Council polls."They shouldn’t be asked to pay the fee for the nomination form while contesting elections," she said..CJI Kant then suggested that a nominal fee be charged from such candidates."It can be a symbolic amount. Instead of 1.25 lakhs, it could be 25,000," he said."25,000 may also be a little high," Jaising observed."15,000 can be done," Mishra eventually suggested.The said proposal was accepted by the Court."(BCI Chairman) has agreed that the advocates belonging to specially abled category, if they want to contest the elections, will be required to pay a symbolic nomination fee of 15000 instead of 1.25 lakh. This concession shall be confined only to advocates belonging to specially abled category. No parity shall be allowed to other contesting advocates," the Court proceeded to record in its order today..[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.