In a significant step toward promoting gender equality in the Indian legal profession, the Supreme Court of India on May 10, 2025, directed that 30 percent of the seats in the executive committees and the post of treasurer in Gujarat’s High Court and District Bar Associations must be reserved for women lawyers. This landmark direction was issued by a bench comprising Justice Surya Kant and Justice NK Singh in the case titled Meena A. Jagtap v. Bar Council of India.
This decision reaffirms the apex court’s consistent push for enhancing women’s representation in the leadership of bar bodies, echoing earlier rulings in the Supreme Court Bar Association v. BD Kaushik case and similar orders regarding bar bodies in Delhi, Karnataka, and Bengaluru.
Background of the Case
The petition was filed by Advocate Meena A. Jagtap, a practicing lawyer at the Gujarat High Court. She sought 33% reservation for women lawyers in all bar associations across Gujarat, including the Bar Council of Gujarat, citing persistent underrepresentation of women in leadership positions despite their growing numbers in the legal profession.
Represented by Advocates Anil Kumar Mishra, Ankit Dhawan, Aditya Jain, and Supantha Sinha, Jagtap’s petition argued that the lack of adequate representation violated the principles of equality under Articles 14, 15, and 16 of the Constitution. The petition further invoked India’s obligations under the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
The Court agreed in part with the petitioner’s plea and passed immediate directions regarding Bar Associations, while deferring the issue of reservations within the Bar Council of Gujarat for future consideration, noting the need to address the matter in the context of all State Bar Councils and the Bar Council of India (BCI).
Supreme Court’s Reasoning: No Justification for Unequal Treatment
While delivering the ruling, the bench emphasized that there was no valid justification to treat Gujarat differently from other states where similar reservations had already been ordered. The Court highlighted the need to ensure that women lawyers have adequate representation in decision-making positions, particularly at the local Bar Association level where vital issues affecting legal practice are often decided.
The Court’s order mandates that:
- 30% of executive committee seats in the Gujarat High Court and District Bar Associations be reserved for women lawyers.
- The post of treasurer in these bar associations also be reserved for a woman.
The order comes in alignment with recent Supreme Court efforts to democratize legal institutions and ensure that women have a voice in shaping professional norms, policies, and the welfare of advocates.
Arguments Raised by the Petitioner
Advocate Meena Jagtap’s petition raised important constitutional and cultural arguments:
- Constitutional Mandate: The plea asserted that denying women lawyers leadership opportunities violates their fundamental rights to equality, non-discrimination, and equal opportunity in public employment and association.
- CEDAW and International Commitments: The petition drew attention to India’s international commitment under CEDAW, emphasizing that the country has an obligation to eliminate structural and institutional barriers to women’s participation in public and professional life.
- Cultural Context: In an interesting cultural note, the petition argued that ancient Indian traditions treated women with reverence and honor, citing depictions of women as divine beings such as “Devi.” It called for a revival of this respect in contemporary institutions like the legal profession.
- Ground Realities: The plea highlighted that although the number of women enrolling in law schools and joining the bar has steadily increased, their presence in influential positions within bar associations remains negligible, creating barriers to gender-sensitive reform.
Previous Precedents: A Growing Judicial Trend
This ruling follows a string of progressive judgments in recent years where the Supreme Court has directed bar associations to ensure gender diversity:
- In SCBA v. BD Kaushik, the Court laid the groundwork by ensuring gender-based reservation within the Supreme Court Bar Association.
- Similar directions were later extended to Delhi bar bodies, the Karnataka bar associations, and the Advocates’ Association, Bengaluru.
By aligning the Gujarat order with this broader trend, the Court signaled that gender parity in legal institutions is a national priority, not a state-specific exception.
Broader Impact on Legal Profession
The implications of the ruling go beyond Gujarat. This directive may serve as a template for systemic reform across all Indian states, especially in the absence of codified gender reservation in professional associations.
Key impacts may include:
- Increased participation of women lawyers in governance of bar associations.
- Encouragement for young female advocates to join the profession and actively participate in bar elections.
- Greater attention to issues such as workplace harassment, maternity benefits, safety, and mentorship, which are often sidelined in male-dominated bar leadership.
- Catalyzing a dialogue on extending reservation to the Bar Council of India and all State Bar Councils, potentially leading to comprehensive policy reform.
Challenges Ahead
Despite the progress, some challenges remain:
- Implementation mechanisms need to be clarified. The Court’s directive will require effective monitoring by the Registrar General of the Gujarat High Court and bar officials.
- The issue of reservation within the Bar Council of Gujarat and BCI remains unresolved, pending a broader judicial or legislative response.
- There may be resistance from some sections of the bar, who might view reservations as a compromise on meritocracy.
However, the judiciary’s firm stance sends a clear message: equity and inclusion are non-negotiable pillars of a just legal system.
Conclusion: A Welcome Step Toward Inclusive Bar Governance
The Supreme Court’s decision to direct 30% reservation for women lawyers in Gujarat’s Bar Associations is a welcome and timely intervention in a male-dominated profession. By recognizing the systemic barriers women face and providing institutional support through reservation, the judiciary is setting the stage for a more balanced, equitable, and representative legal community.
As India moves forward in its constitutional journey, empowering women lawyers through fair representation in leadership roles is no longer just an ideal—it is a judicially enforced imperative. The spotlight now shifts to other states and bar councils to follow suit, ensuring that the legal profession reflects the diversity and strength of the society it serves.
