The Supreme Court has clarified that senior women lawyers do not necessarily have to be designated as Senior Advocates to qualify for co-option to State Bar Councils under the mechanism introduced to ensure greater representation of women in the legal profession.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the clarification while considering applications seeking modification of the Court’s August 4 order.

In December 2025, the Supreme Court had directed that women should have 30 per cent representation in State Bar Councils (SBCs), with 20 per cent of the representation to come through elections and the remaining 10 per cent through co-option.

The Court subsequently laid down the mechanism for filling the 10 per cent co-option seats in its August 4 order. It directed that two women be co-opted from among former women judges of the jurisdictional High Court or senior women members of the Bar having fair standing and belonging to the concerned State or Union Territory.

The Chief Justice of the concerned High Court was entrusted with making the nominations after consulting all elected members of the respective State Bar Council.

Clarifying its earlier order in a September 9 judgment, the Court said that the term “senior” was not restricted to women lawyers who had been formally designated as Senior Advocates.

“Rather, it means someone who has been in practice for a substantially long period of time and is found suitable by the elected members of the SBC as well as shortlisted by the Chief Justice of the respective High Court,” the Court observed.

The Bench also clarified that Article 220 of the Constitution, which places restrictions on the practice of former Chief Justices and judges of High Courts, would not bar such former judges from being co-opted to State Bar Councils.

The Court reasoned that membership of a Bar Council does not require a former judge to resume legal practice before the concerned High Court.

The Bar Council of India (BCI) had sought recall or modification of the August 4 order. While supporting the objective of 30 per cent representation for women, the BCI had raised objections to the mechanism prescribed for filling the co-option seats.

It suggested that the newly elected members of State Bar Councils could select the women members through a transparent resolution or voting process.

As an alternative, the BCI proposed that the co-option seats could be offered to the next eligible unsuccessful women candidates in the order reflected in the final election results.

The Supreme Court, however, retained the co-option mechanism and disposed of the applications with the necessary clarifications.

The Court reiterated that women candidates who had unsuccessfully contested State Bar Council elections could also be considered for co-option.

It further clarified that only one woman would be co-opted to the Tripura State Bar Council, which has 15 members.

The Bench observed that the initiative to secure adequate representation for women members of the Bar was being undertaken for the first time and described it as a step towards equal representation of women in the legal profession.

“While it is difficult to ensure nomination for all, we believe this court-created mechanism, guaranteeing them a place in elected offices, will encourage women lawyers to come forward and contest Bar Council elections in even greater numbers,” the Court said.

The Supreme Court expressed hope that Parliament and the executive would eventually put in place an appropriate mechanism for women's representation in various Bar Councils.

Until such a mechanism is introduced, the Court said, its present arrangement would continue to remain in force.

Senior Advocates Sanjay Parikh, Menaka Guruswamy and Shobha Gupta appeared for the petitioners. Advocate Radhika Gautam represented the Bar Council of India, while Attorney General R Venkataramani and Solicitor General Tushar Mehta, among others, appeared for the respondents.

Case Title; Swati Sinha & Ors. v. Union of India & Ors.