SC Declines To Entertain Plea For SC/ST Quota In State Bar Councils

New Delhi: The Supreme Court on Tuesday declined to entertain a plea for reservation for Scheduled Caste and Scheduled Tribe lawyers in the state Bar councils, and observed, “Just because the Supreme Court did something for women, you come now! You just want it on a platter”. The apex court, clarifying the scope of the earlier directions, said the court did not grant “reservation” to women lawyers but only mandated their “representation” to address long-standing under-representation.

The matter came up before a bench led by Chief Justice of India Surya Kant. The bench observed that the plea had been filed belatedly after the election process had already been set in motion, and added it was too late to seek such representation for the ongoing polls.

During the hearing, the counsel, representing the petitioners, relied on the top court’s earlier order mandating representation for women lawyers in the state Bar councils.

The CJI, clarifying the scope of the earlier directions, said the court did not grant “reservation” to women lawyers but only mandated their “representation” to address long-standing under-representation. “We have not provided a reservation for women; it is only representation,” the CJI said.

The counsels for the petitioners, including Ram Kumar Gautam, argued that the orders on women lawyers’ representation in the state Bar councils were issued despite the Advocates Act, 1961, being silent on the issue of reservation or representation.

“You are everywhere. In the judiciary, among lawyers, in Parliament… The Bar Council has been there since 1961, and you did nothing. Just because the Supreme Court did something for women, you come now! You just want it on a platter,” the CJI said.

The bench said that the relief granted to women lawyers was the outcome of sustained litigation over a considerable period and criticised the petitioners for approaching the court only after the election process had commenced.

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

The bench asked the petitioners to first raise their grievance before the appropriate statutory authorities, adding that judicial intervention could be sought later if their representation failed to yield results.

The bench granted the petitioners the liberty to submit a representation to the competent authorities, including the Bar Council of India, relying on the apex court’s earlier orders.

“Petitioner is at liberty to approach the competent authority. We are hopeful that the appropriate authority will consider the matter. and make a decision. We are hopeful that the representation will draw adequate attention from the authorities,” the bench said in its order.

In December 2025, the bench directed that 30 per cent representation for women lawyers in the state Bar councils was “non-negotiable” and mandated that any shortfall be addressed through co-option.