SC asks BCI to explore including PwDs in state bar councils by co-option

New Delhi, Dec 16 (PTI) The Supreme Court on Tuesday asked the Bar Council of India (BCI) to adopt inclusivity and have a humane face by deciding to include a member with disability in the state bar councils through co-option.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, which sought a response from the BCI on a plea seeking reservation for persons with disability (PwDs) in the state bar council elections, said the Council may start with a pilot project from Tamil Nadu, where polls have not been announced yet.

It asked the BCI to hold consultations and place a proposal before the court in this regard.

The CJI told senior advocate Manan Kumar Mishra, who is also BCI chairman, "If we have even one representative, that will strengthen the institution, that will enhance the humane face of the institution and will also fortify your commitment to inclusivity." Mishra opposed the plea, arguing that there was no reservation for persons with disabilities in the Act and Parliament can only provide that. He said if BCI starts doing it, there will be no end to it.

He submitted that the population of persons with disabilities among advocates was minimal, and reserving even a single seat in councils with limited strength would be impractical.

The bench said that the Council can increase its seats and include a member with disability through co-option, instead of looking for an amendment to the law.

Senior advocate S Prabhakaran, who is vice chairperson of BCI, also opposed the plea, saying, "In Tamil Nadu, many transgender advocates are practising, and tomorrow, they will also claim a seat in the Council." The CJI responded that Tamil Nadu had historically produced some of the finest leaders of the Bar and should be at the forefront of inclusive practices.

Senior advocate Indira Jaising, appearing for the petitioners, countered Mishra's submission and said that the Rights of Persons with Disabilities Act provided reservations for the PwDs.

CJI Kant said, "Today, an issue has been flagged which is of paramount importance. That's why we said inclusivity, a humane approach is important and their presence shall be felt everywhere." The bench told Mishra, "Think of holding a small meeting to consider this aspect to increase one or two seats in the state bar councils. File an appropriate proposal before us. Then you can think of co-opting the members instead of forcing them to go through a proper election process." On December 8, the top court ordered that 30 per cent of seats in the state bar councils, where the election process has not been set in motion, be kept for women advocates.

It had said for the current year, the state bar councils, where elections are yet to be held, should fill 20 per cent seats with women candidates and 10 per cent by co-option if there are not many desirous lawyers to contest.

The top court had directed that a proposal for co-option shall be placed before the court with regard to the state bar councils where the number of contesting women lawyers is inadequate.

On December 4, the top court asked the BCI to ensure 30 per cent reservation for women in the upcoming state bar council elections. PTI MNL MNL KSS KSS