Supreme Court modifies order on women candidates' eligibility criteria in district bar bodies polls

New Delhi: The Supreme Court on Monday clarified its earlier order relating to the eligibility criteria for women candidates in the district bar associations of Delhi, saying there should be a mix of experience and youth.

A bench of Justices Surya Kant and N Kotiswar Singh modified its January 7 order and said the treasurer's post, which has been reserved for women candidates, can be filled by those fulfilling the criteria enshrined in the by-laws of the respective bar association.

It took note of the fact that women candidates who have applied for the treasurer's post in the Karkardooma district court bar association have around three-four years of experience at the bar.

"It takes two to three years for a fresh law graduate to understand the profession. These candidates should practise law not do politics at this stage," the bench observed after being informed that many of those who have applied for the treasurer's post have less than five years of experience at the bar.

The bench, further, modified its order for 30 per cent seats in the executive committee and said 15 per cent seats shall be reserved for women candidates with at least 10 years of experience at the bar and 15 per cent shall be reserved for those with less than 10 years' experience.

It gave some more time to the candidates to file their nominations for the upcoming elections in the district bar associations of Delhi.

On January 7, the bench said for the treasurer's post, earmarked for women candidates in all the district bar associations, there is no eligibility condition of 10 years of practice.

It had said, "30 per cent of the total posts of executive members have been earmarked in each district bar association for women candidates having at least 10 years' practice to their credit." The court had further said these 30 per cent posts would include the posts of executive members, if any, already reserved for women candidates in the said bar association. "In other words, the total reservation shall be 30 per cent for the time being," it had said.

On December 19 last year, the top court had directed that the treasurer's post in the Delhi High Court Bar Association (DHCBA) shall be earmarked exclusively for women candidates in the ensuing election.

"One post of the members of the executive committee, who are to be elected from amongst the senior designated advocates, shall also be earmarked exclusively for the women senior advocates," it had directed.

The bench had said in the next category of those who are to be elected from among advocates with at least 25 years of practice, one such post of executive member too shall be earmarked exclusively for women candidates.

Adverting to various district bar associations in the National Capital Territory of Delhi, the bench had directed that in each and every district bar association, the post of treasurer shall be earmarked for women candidates.

"Since the strength of the members of the executive committee/governing body of the district bar associations varies from bar to bar, it is directed that 30 per cent of the posts of executive members (including the posts already reserved) shall be earmarked in each district bar association for the women candidates having at least 10 years' practice to their credit," it had said.

The bench had said its directions with respect to the composition of the executive committees of the district bar associations was on an experimental basis and might vary in the future after the consideration of the suggestions received from the members of the bar.