The Supreme Court, in a recent clarification, stated that 50% of the 30% of Executive Committee (EC) member posts reserved for women lawyers in the Delhi District Bar Associations will be filled by those with over 10 years of practice.

However, this eligibility requirement will not apply to the remaining half of the reserved EC posts. 

This order was passed by a bench consisting of Justices Surya Kant and N. Kotiswar Singh.

To recap, on December 19, the Court had directed that the Treasurer post, along with 30% of other EC positions in the Delhi District Bar Associations, be reserved for women lawyers, including positions already designated for women. On January 7, the Court further clarified that the 10-year experience requirement would not apply to the post of Treasurer.

A modification request was later filed, arguing that while young women lawyers with less experience were permitted to contest for the Treasurer position, the 10-year experience criterion for other reserved EC posts—such as the Lady Member Executive—was unnecessary, given that these positions were largely ceremonial.

Taking note of the apparent anomaly, the Court passed an order yesterday, stating,

"(i) For the Post of Treasurer, earmarked for women candidates, the District Bar Association will follow the eligibility condition, as may be prescribed in their Byelaws/Rules/Regulations.

(ii) Out of 30% posts of Executive Members, earmarked for women/lady candidates in each District Bar Association, 15% shall be filled from amongst the women lawyers having 10 years practice whereas remaining 15% will be filled from amongst the women lawyers, without any such condition."

The Court also directed that the Election Commissioners provide a two-day window for women candidates to submit fresh nominations in accordance with the modified order.

"The Election Commissioners will, however, have the discretion for rounding off to limit the women reservation upto 30% of total seats of Executive Members", it further added.

Case Title: Case Title: FOZIA RAHMAN Versus BAR COUNCIL OF DELHI AND ANR., SLP(C) No. 24485/2024 (and connected matters)