Source: Supreme Court

Why in News?

Recently the bench of Justices Surya Kant and KV Viswanathan has held that “Notwithstanding any resolution passed by the Supreme Court Bar Association, some of the posts in the Executive Committee must be reserved for women members of the bar”.

• The Supreme Court gave this order in the case of Supreme Court Bar Association v. BD Kaushik.

What was the Background of Supreme Court Bar Association v. BD Kaushik Case?

• The Supreme Court had previously invited suggestions from SCBA members regarding reforms in the election process vide order dated 14^th August 2023.
• The SCBA held a Special General Body Meeting on 30^th April 2024 where eight resolutions were put forward, but all failed to get the required 2/3rd majority of members present and voting.
  • These resolutions pertained to revising eligibility criteria for SCBA office bearers, revising admission and deposit fees, increasing the minimum number of members required to convene meetings, increasing the tenure of the Executive Committee, and introducing reservation for women.

What were the Court’s Orders?

• The SC recognized that the SCBA was integral to the country's highest judicial forum.
  • The Court acknowledged the need for timely reforms in the SCBA to meet evolving challenges while ensuring due consideration of suggestions from bar members.
• Accordingly, the following major directions were issued:
  • The SCBA Executive Committee was directed to invite suggestions from all bar members through public notice on its website by 19^th July 2024, including suggestions already received.
  • Cross-suggestions on the compiled suggestions were to be invited till 09th August 2024.
  • To ensure adequate representation of women in the SCBA governance, the following reservations were implemented with immediate effect:
    • Minimum 1/3rd seats (3 out of 9) in the Executive Committee
    • Minimum 1/3rd (2 out of 6) Senior Executive Members
    • At least one post of Office Bearer reserved for women on rotation basis
    • For the 2024-25 election, the post of Treasurer was reserved for women
  • The SCBA elections for 2024-25 were directed to be held on 16^th May 2024 based on the 2023 voter list, updated to include eligible members from 01^st March 2023 to 29^th February 2024.
  • The Supreme Court Registry was directed to provide the requisite updated lists of eligible members by 03^rd May 2024.

What is the Journey of Women Reservation in India?

• National Perspective Plan:
  • The National Perspective Plan for Women in 1988 recommended providing reservation for women right from the panchayat level to Parliament.
• 73^rd and 74^th Constitutional Amendments:
  • 73rd and 74th Constitutional Amendments in 1992, mandated all states to reserve one-third of seats for women in local bodies.
  • Article 243D (2) and Article 243T (2) gave reservation to women in Panchayat and Municipalities, respectively.
• Women Reservations Bills:
  • The Women's Reservation Bill for Parliament and state assemblies was first introduced in 1996.
    • However, it could not be passed due to lack of majority.
  • Subsequent attempts were made in 1998, 1999, and 2008, but all the bills lapsed with the dissolution of the respective Lok Sabhas.
  • The Rajya Sabha passed it in 2010, but it remained pending in the Lok Sabha.
  • Various committees and reports, including the 2013 Committee on the Status of Women, recommended at least 50% reservation for women in all decision-making bodies.

What are the Major Committees on Women Reservation?

• 1971 Committee on the Status of Women in India (CSWI):
  • It was set up by the erstwhile Ministry of Education and Social Welfare, examined the constitutional, administrative, and legal provisions affecting the social status of women.
  • Its report, 'Towards Equality,' highlighted the state's failure to ensure gender equality and recommended reservations for women in local bodies.
• 1987 Committee under Margaret Alva:
  • It presented the National Perspective Plan for Women 1988-2000, which included a recommendation for reserving seats for women in elected bodies.
  • This led to the 73^rd and 74^th Constitutional Amendment Acts in 1992, mandating reservation of one-third of seats for women in local bodies.
• 1996 Select Committee headed by Geeta Mukherjee:
  • In 1996, the first Women's Reservation Bill was sent to a Select Committee headed by Geeta Mukherjee.
  • The committee recommended considering extending reservation to OBC women at an appropriate time.
• 2013 Committee on the Status of Women:
  • The 2013 Committee on the Status of Women, constituted by the Ministry of Women and Child Development, recommended ensuring at least 50% reservation for women in all decision-making bodies, including Parliament and state assemblies.

What is Women Reservation Act, 2023?

• About:
  • The Constitution (106^th Amendment) Act, 2023, popularly known as the Women's Reservation Act, 2023, is a landmark legislation that reserves one-third of all seats for women in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
  • The Act aims to increase the representation of women in the highest decision-making bodies of the country.
• Articles Inserted and Amended:
  • Article 330A for reservation in the Lok Sabha
  • Article 332A for reservation in state assemblies, and
  • Article 239AA amended for reservation in the Delhi Legislative Assembly.